Water Legislation Review Introduction As well as implementing the Strategic Framework, governments agreed to ensure the water industry is subject to clause 5 of the Competition Principals Agreement. This commits governments to ensuring that legislation does not restrict competition unless the benefits of the restriction to the community as a whole outweigh the costs and the objectives of the legislation can only be achieved by restricting competition. Legislative reform was important for meeting a number of second tranche water reform commitments in relation to, for example, water allocations and trading, institutional separation and resource management. Until recently a key third tranche issue was the risk that jurisdictions may not have implemented amendments to legislation by the year 2000 deadline, in line with the CPA legislation review commitments. However, in November 2000 CoAG agreed that the 2000 deadline for the full completion of all jurisdictions’ legislation review programs should be extended to July 2002. Accordingly, the Council is looking to monitor progress and seeking full implementation by 30 June 2002, with a robust public interest justification provided for any delays beyond this date. The Council’s approach to assessing progress For the third tranche, the Council is looking for jurisdictions to provide a status report on reviews of water legislation by 31 March 2001 including whether a piece of legislation has been repealed by passage of new legislation. The reports should outline NCP activity current to at least 31 December 2000. Where a government chooses to continue a restriction on competition, or not to apply recommended reforms, the Council will require evidence in the annual report of the public interest justification or why non-implementation benefits the community. Drawing from the information provided by the Marsden Jacob stocktake, the Council will be looking for further information on the status of the reviews noted in the following tables in a jurisdictions next annual report, including whether a piece of legislation has been repealed by passage of new water legislation. The Marsden Jacob Stocktake In August 2000, the Council commissioned Marsden Jacob Associates to develop a stocktake of relevant water legislation. The stocktake: • • identified relevant water legislation for each jurisdiction; outlined the objectives of each piece of legislation; National Competition Council • identified major restrictions on competition in each piece of legislation, including, for example, prescription of pricing, allocations, and terms and conditions of supply; and summarised the current status of each jurisdiction’s review process and the recommendations of any completed reviews. • A brief summary of the Marsden Jacob stocktake is provided in Table 8.1, while Table 8.2 provides a more detailed outline of reform issues and progress in each jurisdiction and for each piece of legislation. Where possible, table 8.1 has been updated for the passage of recent water legislation in jurisdictions. Jurisdictions are taking one of two broad approaches to reviewing water legislation. Some have used the review process to introduce major amending legislation, repealing restrictions previously in place in a range of legislation. This is the approach followed by New South Wales, Queensland, Tasmania and the ACT (subject to passage of Bills currently under debate). Others have sought to review and amend individual pieces of legislation. This is the approach followed by Victoria, Western Australia, South Australia and the Northern Territory. Table 8.1: Summary of review activity − water legislation Review status New South Wales Restrictive water legislation repealed by the passage of the Water Management Act 2000 in November 2000. Major external reviews underway. Reports due by end of year. Restrictive water legislation was repealed with the passage of the Water Act 2000 in September 2000. This covers the bulk of water legislation although there are some additional issues that are still being considered by government. All legislation reviews complete by the end of August 2000. Consequential amendments scheduled for the Spring Session. All legislation reviews completed through internal exercises. Amendments due to be debated in Spring Session in line with procompetitive licensing regime. Major issues Water Management Act 2000 enacted 28 November 2000. Victoria Actions following the reviews will not be agreed or completed by end of 2000. The Water Act 2000 replaces current water legislation that restricts competition. The major issue for the third tranche is retention of any restrictions on competition. The primary risk is that the proposed amendments will not be passed by the end of 2000. The Rights in Water and Irrigation Amendment Act 2000 was enacted on 28 November 2000 and was proclaimed to take effect 10 January 2001. The NCP Reviews completed by internal government agencies. Queensland South Australia Western Australia Page 2 Annual Report 1998-99 Tasmania Restrictive water legislation was repealed on passage of Water Management Act in 1999, or was amended. Restrictive legislation will be repealed on passage of the Utilities Bill currently in Committee stage and due to be debated in the Spring Session. Restrictive legislation reviewed by external consultants. The Water Supply and Sewerage Services Act 2000 (the Act) was passed on 28 November 2000 and commenced 1 January 2000. Amendments including independent licensing. Few issues. One review, of the Local Government Act, currently underway. There is a risk that the new Utilities Bill will not be passed by the end of the 2000. ACT Northern Territory The major issue for the third tranche assessment relates to completion and passage of necessary amending legislation to implement the recommendations of the various external reports. There is a risk that the amending legislation is not passed to timetable. Page 3 Table 8.2: Review and reform activity – water legislation New South Wales Legislation Restriction Review progress Reform progress Balranald Irrigation Act Drainage Act 1939 Fish River Water Supply Administration Act 1945 Glennies Creek Dam Act 1979 Hunter Valley Flood Mitigation Act 1956 Irrigation Act 1912 as amended Irrigation & Water (Amendment) Act 1943 Irrigation Corporations Act 1994 Irrigation, Water and Rivers and Foreshores Improvement (Amendment) Repealed by the Water Management Act 2000 Repealed by the Water Management Act 2000 Repealed by the Water Management Act 2000 Repealed by the introduction of the Water Management Act 2000 Repealed by the Water Management Act 2000 Repealed by the Water Management Act 2000 Repealed by the Water Management Act 2000 Repealed by the Water Management Act 2000 Repealed by the Water Management Act 2000 Annual Report 1998-99 Act 1955 Miscellaneous Acts (Water Administration) Amendment Act 1986 Private Irrigation Districts Act 1973 Rivers and Foreshores Improvement Act 1948 Water Act 1912 as amended Water (Soil Conservation) Amendment Act 1986 Water Administration Act 1986 Water Administration (Transfer of Functions) Act 1986 Water Supply Authorities Act 1987 Local Government Act 1993 To create the powers and structures for delivery of services through local councils and the necessary financial controls. Repealed by the Water Management Act 2000 Repealed by the Water Management Act 2000 Repealed by the Water Management Act 2000 Repealed by the Water Management Act 2000 Repealed by the Water Management Act 2000 Repealed by the Water Management Act 2000 Repealed by the Water Management Act 2000 Repealed by the Water Management Act 2000 Review Started: Review by independent consultants let. Issues Paper published July, Comments due by September and report by end of December 2000. Page 5 National Competition Council Hunter Water Act 1991 To provide powers and duties to Hunter Water Corporation. Special status and powers. No Review planned. Act considered as part of wider Water Reform Program. No action proposed. Sydney Water Act 1994 To provide powers and duties to Sydney Water Corporation. Special status and powers No Review planned. Act considered as part of wider Water Reform Program. No action proposed. Murray Darling Basin Act 1992 Cross-jurisdictional review. Act removed from Review program on completion of parallel review by SA. Page 6 Annual Report 1998-99 Victoria Legislation Building Control (Plumbers Gasfitters & Drainers) Act 1981 No. 9720 Catchment & Land Protection Act 1994 To establish a framework for the integrated management of catchments, to encourage and support participation of stakeholders, and to create the Catchment Management Council and Catchment Management Authorities, and to control noxious weeds and pests. Few restrictions to competition. Crown Lands (Reserves) Act 1978 and related Acts Provides a mechanism to 'reserve' and manage Crown land for particular public purposes to foster broad community benefits while minimising uses that create costs for the community Leases and licences may result in anti-competitive outcomes. Land Act 1958 (Principal Act) and related regulations. Provides for the sale and occupation of unreserved Crown lands. Leases and licences may result in anti-competitive outcomes. Review scheduled 01/12/99. Review Started. Major public review underway by external consultants. Issues Paper published June 2000, public comment by end of July, report due end of September. Review scheduled 01/12/99. Review Started. Major public review underway by external consultants. Issues Paper published June 2000, public comment by end of July, report due end of September. Restriction Review progress Review scheduled 01/06/99 Reform progress Act repealed by the Building (Amendment) Act 1996. Review scheduled 01/12/99 To be removed from program Page 7 National Competition Council Murray Darling Basin Act 1993 and other legislation relating to interstate sharing and management of resources National Parks Act 1975 and related regulations. To make provision for the preservation and protection of the natural environment for the use and enjoyment by the public and for further protection of designated water supply catchment areas. Arrangements for the granting of licences, permits, leases, tenancies etc for commercial purposes may be anti-competitive in outcome. Water Industry Act 1994 (Part 4) and related regulations. To establish Melbourne Parks and Waterways and its powers and functions Licensing arrangements for use of jetties (S135A) and powers to levy rates on households in the metropolis Water Act 1989 and related regulations. To promote orderly, equitable and efficient use of water resources and to provide for institutional arrangements and community involvement in service delivery. Exclusive rights of supply and granting of powers restricts competition between Authorities and creates significant barriers to entry. Integration of roles creates conflicts of interest. Occupational licensing restricts access to groundwater drilling. Review scheduled 01/12/99. Removed from program following completion of review by South Australia which found no restrictions. Review scheduled 1/12/98. Not Started: Tenders for consultancy for public review issued July 2000. Report due by December 2000. Review scheduled 1/12/98. Not Started: Tenders for consultancy for public review issued July 2000. Report due December 2000. Review scheduled 01/12/99. Review Started: Major public review underway by external consultants. Issues Paper published June 2000, public comment by end of July, report due October. Page 8 Annual Report 1998-99 Water Industry Act 1994 (excluding Part 4) and related regulations. To separate Melbourne Water into five bodies and create a licensing system supervised by the Office of the Regulator General. Exclusive rights of supply and granting of powers restricts competition between Licensees and creates significant barriers to entry. Differential regime from Water Act results in complexity and lack of competitive neutrality. Review scheduled 01/12/99. Review Started: Major public review underway by external consultants. Issues Paper published June 2000, public comment by end of July, report due October. Melbourne & Metropolitan Board of Works Act 1958 To create the Melbourne and Metropolitan Board of Works and establish a framework for the operation of major infrastructure to ensure public health. In practice most of the Act is repealed or not operative. Section 4 prohibits Melbourne Water from exercising functions allocated to retail licensees under the Water Industry Act 1994. Review scheduled 01/12/99. Review Started: Major public review underway by external consultants. Issues Paper published June 2000, public comment by end of July, report due October. Melbourne Water Corporation Act 1992 To establish Melbourne Water Corporation and make consequential amendments to other water legislation. Few restrictions to competition. Review scheduled 01/12/99. Review started: Major public review underway by external consultants. Issues Paper published June 2000, public comment by end of July, report due October. Review scheduled 01/12/99. Removed from review program Rain Making Control Act 1967 To regulate and authorise rainmaking activities. Limited restrictions to competition. Page 9 National Competition Council Queensland Legislation Local Government Act 1993, City of Brisbane Act 1924 & Local Government Finance Standard 1994 Restriction To establish the framework for the constitution, planning and operation of local government. Creates outright prohibition and statutory monopoly. However, restrictions are not relevant to water. Covers all councils and urbans. Statutory monopoly for the provision of reticulated water services. Review scheduled 199899. Completed 1999. Local Government Amendment Act 1997 applies NCP legislation review requirements to local government. Individual local governments reviewed their own ant-competitive local laws and local law policies with oversight by the responsible department. The Water Act 2000 incorporates relevant provisions from these Acts and amends these Acts to make them consistent with the Integrated Planning Act 1997. Review progress Review scheduled 199899. Review Started. Reform progress Major review of provisions relating to ferries. Minor review for remaining matters. Local Government Local Laws (formerly By-laws) made under the Local Government Act 1993 Metropolitan Water Supply and Sewerage Act 1909, Sewerage and Water Supply Act 1949 and the Standard Sewerage and Water Supply Laws Nature Conservation Act 1992, Nature Conservation Regulation 1994 and specific flora and fauna Conservation Plans Provides for standards, licensing and management of water supply, plumbing, drainage, sewer installation. Provisions of the Act for Brisbane now largely taken by the City of Brisbane Act. Statutory monopoly, licensing or registration and business conduct. Provides for the conservation of wildlife (flora and fauna) related to ecological sustainability. Licensing and permit arrangements apply for a range of commercial and recreation activities involving wildlife. Review scheduled 199899. Review started. Review scheduled 199899. Completed 1999. Provisions subjected to NCP review retained without change. Page 10 Annual Report 1998-99 Licensing or registration, business conduct and natural resources permits or licences. Restrictions not relevant to water. Sewerage and Water Supply Act 1949, Sewerage and Water Supply Regulation 1987 and Standard Water and Sewerage Laws Water Resources Act 1989, Water Resources (Watercourse Protect) Regs 1993, Water Resources (Rates and Charges) Regs 1992, and Natural Resources Amend. Act 1996. Gladstone Area Water Board Act 1984 This Act contains the arrangements for the licensing of plumbers and drainers in Queensland and provides the heads of power for the making of plumbing and drainage standards. Licensing or registration. Provides for the flow and control of water and for the construction and maintenance of dams and other water works, including the transfer of water allocations and the licensing of artesian bore drillers. Licensing or registration, pricing restrictions and business conduct. Supply bulk water to industrial customers and two local governments in the Gladstone region. Statutory monopoly South East Queensland Water Board Act 1979, and Townsville/Thuringowa Water Supply Board Act 1987 SEQWB Act has been repealed. TTWSB Act to be replaced in mid 2000. Statutory monopoly Review scheduled 199799. Review Started. SEQWB has been repealed. The SEQWB Act has been repealed. Any restrictions in the TTWSB Act should also be resolved through the Water (Statutory Authorities) Bill 2000 and the Local Government Act 1993. Review scheduled 199799. Review Completed 2000. Repealed by the Water Act 2000. Review scheduled 199899. Review Started Repealed by the Water Act 2000. Review scheduled 199899. To be dealt with as part of new legislative package Amended by the Water Act 2000 which takes on major functions regarding service delivery. Minor functions to be transferred to Integrated Planning Act 1997 and the Building Act 1975. Page 11 National Competition Council Western Australia – irrigation legislation Legislation Carnarvon Irrigation District By-laws Restriction Review progress Reform progress No action proposed - minor restrictions justified on public welfare grounds to maintain security of supply and safeguard infrastructure. Proposals under way to transfer management of irrigation scheme to local control. To provide arrangements and procedures for Review scheduled 1998. provision of water by Water Corporation to Completed January–00. Reviewed by irrigators within Carnarvon Irrigation Water and Rivers Commission District. (WRC). Monopoly powers to Water Corporation. Differential rights to irrigators within the area. Completed. Reviewed by WRC in Aug-00 Country Areas Water To provide controls over clearing of land to Supply (Clearing Licences) minimise risks of salinity to groundwater Regulations 1981 supplies etc. Controls over land clearing. Harvey, Waroona Collie River Irrigation Districts’ By-laws 1975 No action proposed. Controls justified on wider ecological and public interest grounds. To provide arrangements and procedures for Review scheduled 1998 and provision of water by Water Corporation to completed Jan-00. Reviewed by WRC. specified irrigators. Monopoly powers to Water Corporation. Differential rights to irrigators within the area. No action proposed - minor restrictions justified on public welfare grounds to maintain security of supply and safeguard infrastructure. Amendments to By-laws proposed to reflect current management practices. Irrigation (Dunham River) To approve an agreement between the State Review scheduled 1999. Agreement Act 1968 and Goddard of Australia Pty Ltd for the construction of dams to provide water Act to be repealed Page 12 Annual Report 1998-99 supplies for irrigation. Differential rights although very limited application Metropolitan Water Authority Act 1982 (and related By-Laws) Review scheduled 1998. Completed. Supplemental legislation to the 1909 Reviewed by WRC. Metropolitan Water Supply, Sewerage and Drainage Act, to create arrangements for an arterial drainage scheme. Market power given to Water Corporation. Ord Irrigation District By- To provide arrangements and procedures for Review scheduled 1998. Completed laws provision of water by Water Corporation to Jan-00. Reviewed by WRC. specified irrigators. Monopoly powers to Water Corporation. Differential rights to irrigators within the area. Preston Valley Irrigation District By-laws To provide arrangements and procedures for Review scheduled 1998. Completed provision of water by Water Corporation to Jan-00. Reviewed by WRC. specified irrigators. Monopoly powers to Water Corporation. Differential rights to irrigators within the area. Water & Rivers Commission has sole rights regarding meters. Rights in Water and Irrigation (Construction and Alteration of Wells) Regulations 1963 to provide specifications for the design and maintenance of groundwater bores. The Water and Rivers Commission is given sole rights to fit, repair and test water Completed Jan-00. Reviewed by WRC. No action proposed - minor restrictions justified on public welfare grounds to maintain security of supply and safeguard infrastructure. Amendments to By-laws proposed to reflect devolved ownership and control of the scheme. No action proposed - minor restrictions justified on public welfare grounds to maintain security of supply and safeguard infrastructure. Amendments to By-laws proposed to reflect devolved ownership and control of the scheme. Competency based system proposed for meter issues. Amending legislation to give rights to wider authorised bodies. Page 13 National Competition Council meters. Rights in Water and Irrigation Act 1914 and Regulations To provide arrangements for the allocation Review scheduled 1998. Completed and trading of water rights and entitlements Jan-00. Reviewed by WRC. for irrigation and for arrangements for maintenance and use of works. Licensing of rights to take water. Monopoly powers of Water Corporation. The Rights in Water and Irrigation Amendment Act 2000, was enacted 28 November 2000 to provide for allocations and water trading. Swan River Trust Act 1988 to establish a body with planning, protection Review scheduled 1998. Completed and Regulations and management functions in respect of the Jan-00. Reviewed by WRC. Swan and Canning Rivers. Licensing restrictions. Water (Dixvale Area and Yanmah Area) Licensing Regulations 1974 To give preferential rights to irrigators in Dixvale and Yanmah. Differential treatment for a small group of irrigators. In practice rights not exercised for 15 years. Waterways Conservation Act 1976 and Regulations To provide for the conservation and management of certain waters and of the associated land and environment, and to establish the Rivers and Estuaries Council and certain Management Authorities. Licensing required for activities such as effluent discharges. Powers given to Commission. In practice the Act is Review scheduled 1998. Completed Jan-00. Reviewed by WRC. No changes recommended given minor nature of Act. Major further review proposed to achieve rationalisation of functions and operation between this Act and the EPA Act. Review scheduled 1998. Completed Jan-00. Reviewed by WRC. Proposals to repeal regulations Page 14 Annual Report 1998-99 subsidiary to EPA legislation and is used only for minor purposes. Water and Rivers Commission Act 1995 To provide for the creation of the Water & Rivers Commission Few restrictions. The Act provides necessary governmental powers for effective natural resource management. Completed Jan-00. Reviewed by WRC. No changes recommended. Page 15 National Competition Council Western Australia − utility service provision legislation Legislation Agencies Restructure (Transitional and Consequential Provisions) Act 1995 Restriction Enabling legislation to provide for restructure of previous Water Authority into Water Corporation and Water & Rivers Commission. Few restrictions. Water Agencies (Powers) Act 1984 Umbrella Act over suite of legislation (marked **) to give consistent powers to Water Corporation. Market power to Water Corporation. Water Agencies (Powers) Act 1995 Country Areas Water Supply Act 1947 (and related Regulations and By-laws) ** No such Act. See entry for 1984 Act. To provide powers and arrangements for provision of supply of water outside the metropolitan area Licensing, market power by Water Corporation Country Towns Sewerage Act 1948 and By-laws ** To provide powers and arrangements for provision of sewerage services in towns outside the metropolitan area Market power, licensing. Review scheduled 1998. Completed Sept99. Reviewed by OWR. Minor amendments to Act proposed for Spring Session to ensure consistency of approach with competitive licensing regime and other related Acts. Review scheduled 1998. Completed Sept99. Reviewed by OWR Not in program Minor amendments to Act proposed for Spring Session to ensure consistency of approach with competitive licensing regime and other related Acts. Review scheduled 1998. Completed Sept99. Reviewed by OWR. Minor amendments to Act proposed for Spring Session to ensure consistency of approach with competitive licensing regime and other related Acts. Review progress Completed Nov-98. Reviewed by Office of Water Regulation (OWR) Reform progress No change recommended Page 16 Annual Report 1998-99 Land Drainage Act 1925 (and related Regulations and ByLaws) ** To provide powers and arrangements for provision of drainage services outside the metropolitan area Water Corporation given monopoly, single provider status and powers in drainage districts. Powers and procedures inconsistent across legislation. Review completed Sept-99. Reviewed by OWR. Minor amendments to Act proposed for Spring Session to ensure consistency of approach with competitive licensing regime and other related Acts. Metropolitan Water Supply, Sewerage and Drainage Act 1909 (and related ByLaws) ** Water Agencies (Charges) Bylaws 1987 Water Authority (Charges) Bylaws 1987 Water Agencies (Entry Warrants) Regulations 1985 To provide powers and arrangements for provision of sewerage and drainage services in the metropolitan area Market power & differential treatment for licensing. To provide charging arrangements for water and sewerage services. Differential treatment of Crown lands. No such legislation. See entry for Water Agencies (Charges) Bylaws 1987 To specify format of warrant for legal entry to premises (under S72(6) of the Water Agencies Powers Act). No restrictions. Review scheduled 1998. Completed Sept99. Reviewed by OWR. Minor amendments to Act proposed for Spring Session to ensure consistency of approach with competitive licensing regime and other related Acts. Review scheduled 1998. Completed Sept99. Reviewed by OWR . Minor amendments proposed for Spring Session to ensure consistency of approach with competitive licensing regime and other related Acts. Not in program na Review completed Sept-99. Reviewed by OWR. Minor amendments proposed for Spring Session to ensure consistency of approach with competitive licensing regime and other related Acts. Minor amendments proposed for Spring Session to ensure consistency of approach Water Agencies (Infringements) To specify prescribed persons for the purposes of the Act, format of notices Review by OWR completed Sept-99. Page 17 National Competition Council Regulations 1994 and extent of penalties. Market power to Water Corporation. with competitive licensing regime and other related Acts. Review scheduled 1998. Review completed May-99. Reviewed by OWR. Amendment to Act proposed for Spring Session to allow agencies to provide full suite of water services and freedom to compete for licences on equal terms with Water Corporation. Revised By-laws will meet gatekeeper requirements. No change to the Act Water Boards Act 1904 and By-laws To provide powers and functions for Busselton and Bunbury Water Boards. Restricts powers to supply of water and within defined area. Water Corporation Act 1995 To provide powers and functions of the Water Corporation. Few restrictions. Review scheduled 1998. Review completed May-99. Reviewed by OWR. Water Supply, Sewerage and Drainage Act 1912 To provide powers for agencies outside the metropolitan area. Majority of Act now repealed. Few restrictions in remaining sections related to ownership of assets. Review scheduled 1998. Review completed May-99. Reviewed by OWR. No change to the Act Water Services Coordination Act 1995 To provide for the creation of the Office of Water Regulation (OWR) and a licensing regime for water service provision. Complex licensing regime inhibits competitive outcomes. Review completed Jul-99. Reviewed by OWR. Amendments to Spring session will recommend adoption of simpler & more pro-competitive regime. Amendments provide for competitive neutrality in application of relevant Acts Page 18 Annual Report 1998-99 South Australia Legislation Catchment Water Management Act 1995 Groundwater (Border Agreement) Act 1985 Restriction Restricts market conduct. Review progress Review scheduled and completed 1996. Legislation repealed. Review scheduled and completed 1999. Reform progress Repealed by the Water Resources Act 1997 To protect the groundwater resources adjacent to the border between SA and Vic and for the cooperative sharing of those resources and to guard against their undue depletion or degradation. Restricts market conduct. Review complete. To be presented to Minister. Irrigation (Land Tenure) Act 1930 Provides for the leasing of crown lands in irrigation areas. Restricts market conduct. Review scheduled and completed 1999. Reviewed with associated legislation. No major issues identified. Recommended that legislation be updated and consolidated. Report completed and sent to Minister. Minor legislative change recommended. Irrigation Act 1994 Provides for irrigation districts, the constitution of trusts and powers for irrigation authorities to carry out their functions. Relatively few restrictions. Review scheduled 1999 and completed 2000. Loans for Fencing and Water Piping Act 1938 Provides for the Bank of South Australia to make loans to land owners for fencing material and water piping. Restricts market conduct. Review scheduled and completed 1997. No new business. Act expected to be repealed when last repayments made in 2000. Page 19 National Competition Council Murray Darling Basin Act 1993 Provides for an agreement between the Commonwealth, NSW, VIC., and SA with regard to the water, land and other environmental resources of the Murray-Darling Basin. Restricts market conduct. Review scheduled and completed 1999. Agreement in place to provide equitable sharing of the resource. Agreement regarded as preventing restrictions. Review noted by MDBC and presented to Minister. Pastoral Land Management and Conservation Act 1989 To ensure that pastoral land is well managed and appropriately utilised. The Act provides for its monitoring and tenure, recognises the rights of Aborigines and provides for community access. Restricts market conduct. Review scheduled and completed 1999. Reviewed with associated legislation. No major issues identified. Recommended that legislation be updated and consolidated. Plumbers, Gas Fitters and Electricians Act 1995 Sets out requirements for licensed contractors or registered workers to comply with a code of conduct or practice in regard to plumbing, gas fitting and electrical work. Barrier to market entry and restricts market conduct. Review scheduled and completed 2000. Renmark Irrigation Trust Act 1936 Provides the Trust with the powers to supply water, construct and acquire assets and enter agreements. Restricts market conduct. Review scheduled 1999 and completed 2000. Report sent to Minister. Minor legislative change recommended to remove obsolete and inconsistent sections. Will prompt more fundamental review of water resource management. Recommended that Act continue. No major restrictions identified. River Murray Waters Agreement Supplemental Agreement Act 1963 Establishes arrangements for the Menindee Lakes Storage Agreement. Restricts market conduct. Review scheduled and completed 1998. Page 20 Annual Report 1998-99 Sewerage Act 1929 Provides powers to construct, operate and manage sewerage and drainage services for areas which may be declared, altered or abolished. Barriers to market entry and restricts market conduct. Review scheduled 1999. Review Started. Internal review in progress. Expected completion by end of August. Review scheduled and completed 1997. Joint review with South Australian Water Corporation Act 1994 and Waterworks Act 1932. Expected to present report to Minister in September 2000. Will prompt wider review of utility provision. Reviewed in conjunction with the Animal and Plant Control (Agricultural Protection and Other Purposes) Act 1986. Amendments made under the Soil Conservation and Land Care Act (Amendment) Act. Joint review with Sewerage Act 1929 and Waterworks Act 1932. Expected to present report to Minister in September 2000. Only minor changes anticipated. Will prompt wider review of utility provision. Review completed. Soil Conservation and Land Care Act 1989 To recognise the value of natural resources and their conservation, to prevent or minimise further degradation; to improve land management practices and establish systems for the monitoring of land condition and improved planning. Restricts market conduct. South Australian Water Corporation Act 1994 To establish the corporation with the responsibility of providing water and sewerage services for the State. Barriers to market entry and restricts market conduct. Review scheduled 1999. Review Started. Internal review in progress. Expected completion by end of August. Review scheduled and completed 1999. South Eastern Water Conservation and Drainage Act 1992 To prevent or minimise damage caused by flooding within the South East, improve quality of rural lands and enhance the natural environment generally. Restricts market conduct. Water Conservation Act 1936 Provides powers over waterworks and assets in any water district and exclusive control and management of all proclaimed lakes, rivers and watercourses. Review scheduled 1999. Review Started. Internal review in progress. Final report in preparation. Act only used in limited circumstances. No significant restrictions identified. Act will be repealed and relevant sections included in revised Page 21 National Competition Council Barriers to market entry and restricts market conduct. Water Resources Act 1990 Waterworks Act 1932 Restricts market conduct. To provide SA Water with powers, eg. to define districts, for entry, construction and maintenance of assets, to levy charges, supply and lessen or discontinue that supply. Creates barriers to market entry and restricts market conduct. Review scheduled and completed 1996. Review scheduled 1999. Review Started. Internal review in progress. Expected completion by end of August. Waterworks Act in due course. Repealed by the Water Resources Act 1997. Joint review with Sewerage Act 1929 and South Australian Water Corporation Act 1994. Expected to present report to Minister in September 2000. Only minor changes anticipated - but will prompt wider review of utility provision. Page 22 Annual Report 1998-99 Tasmania Legislation Clyde Water Act 1898 Electricity Supply Industry Restructuring (Savings and Transitional Provisions) Act 1995 Florentine Valley Paper Industry Act 1935 Restriction Market entry Market entry. Requires certain irrigation waters to be made available to certain water users, providing them with a commercial benefit that is not available to others. Grants a particular company the right to construct a pulp and paper mill at Boyer. Market entry. Authorises the granting of exclusive timber, water and transport rights to one company. Groundwater Act 1985 Market entry and restrictions on competitive conduct. Prohibits the construction or enlarging of a well, or the drawing of water, in a proclaimed region without a permit. Market entry. Gives the Hobart Regional Water Board exclusive rights. Market entry, restrictions on competitive conduct and product or service innovation. Review progress Review scheduled 1998. Review scheduled 1998. Reviewed as part of CoAG reform agenda for water industry. Review scheduled 1998. Reviewed as part of CoAG reform agenda for water industry. Licensing of water rights transferred to the Water Management Act. Reform progress Repealed by the Water Management Act 1999. Amended by the Water Management Act 1999. Review scheduled 1998. Repealed by the Water Management Act 1999. Hobart Regional Water Act 1984 Huon Valley Pulp and Paper Industry Act 1959 Review scheduled 1996. Review scheduled 1996. Repealed by Hobart Regional Water (Arrangements) Act 1996. Repealed by Legislation Repeal Act 1996. Page 23 National Competition Council Hydro-Electric Commission (Doubts Removal) Act 1972 Hydro-Electric Commission (Doubts Removal) Act 1982 Hydro-Electric Commission Act 1944 Market entry. Review scheduled 1997. Repealed by Electricity Supply Industry Act 1995, and Electricity Supply Industry Restructuring (Savings and Transitional Provisions) Act 1995. Repealed by Electricity Supply Industry Act 1995, and Electricity Supply Industry Restructuring (Savings and Transitional Provisions) Act 1995. Repealed by Electricity Supply Industry Act 1995, and Electricity Supply Industry Restructuring (Savings and Transitional Provisions) Act 1995. Amended by the Water Management Act 1999. Market entry. Review scheduled 1997. Market entry. Review scheduled 1997. Irrigation Clauses Act 1973 Provides for the construction of waterworks and the right to a supply of water for irrigation. Market entry. Review scheduled 1998. Reviewed as part of CoAG reform agenda for water industry. Review scheduled 1997. Legislation repealed. Loan (Hydro-Electric Commission) Act 1957 Market entry. Provides irrigation rights to persons in the Parish of Lawrency. Repealed by Electricity Supply Industry Act 1995, and Electricity Supply Industry Restructuring (Savings and Transitional Provisions) Act 1995. New building legislation has replaced the building provisions of this Act. New legislation has been assessed under gatekeeper provisions. Local Government (Building and Miscellaneous Provisions) Act 1993 (except in relation to health issues) Provides for the control of building and plumbing work, product and construction standards and application of the Building Code. Market entry, restrictions on competitive conduct and product or service innovation. Review scheduled 1999. Page 24 Annual Report 1998-99 Local Government Act 1993 Enables Councils to make by-laws where the Council has a function of power under relevant Acts. Market entry and restrictions on competitive conduct. Review scheduled 1998. Review started. Review delayed pending outcome of Government’s intention to pursue the amalgamation of local councils. Review underway. Mount Cameron Water Race Act 1926 Mount Read and Rosebery Mines Limited Leases Act 1916 North Esk Regional Water Act 1960 North-West Regional Water Act 1987 Plumbers and Gasfitters Registration Act 1951 Market entry. Review scheduled 1998. Repealed by the Legislation Repeal Act 1998. Repealed by the Mt Read and Rosebery Mines Limited Leases Act (Repeal) Act 1999 Repealed by Northern Regional Water (Arrangements) Act 1997. Repealed by North West Regional Water (Arrangements) Act 1997. Review of Act completed. Government is still to consider the recommendations of the review. Market entry. Provides exclusives rights. Market entry. Provides exclusives rights. Requires that plumbers and gas-fitters be registered. Prohibits plumbing and gasfitting work by unregistered persons. Market entry. Review scheduled 1996. Review scheduled 1996. Review scheduled 1997. Completed. Rossarden Water Act 1954 Sewers and Drains Act 1954 Restrictions on competitive conduct. Market entry and restrictions on product or service innovation. Review scheduled 1996. Review scheduled 1998. Restrictive provisions removed. Repealed by the Water Management Act 1999. Restrictive provisions in Act have been removed. The Act has been removed from LRP timetable. Page 25 National Competition Council Thomas Owen and Co. (Australia) Limited Act 1948 Water Act 1957 Waterworks Clauses Act 1952 Market entry and restrictions on competitive conduct. Market entry, restrictions on competitive conduct and administrative discretion. Gives power to persons, authorised by special Acts to construct waterworks, acquire land etc Market entry. Review scheduled 1998. Repealed by the Water Management Act 1999. Repealed by the Water Management Act 1999. Amended by the Water Management Act 1999. Review scheduled 1998. Review scheduled 1998. Reviewed as part of CoAG reform agenda for water industry. Review scheduled 1998. Reviewed as part of CoAG reform agenda for water industry. Wesley Vale Pulp and Paper Industry Act 1961 Market entry and restrictions on competitive conduct. Amended by the Water Management Act 1999. Page 26 Annual Report 1998-99 ACT Legislation Cotter River Act 1914 Energy and Water Act 1988 Restriction Act to be repealed. Review Progress Review scheduled 1998 and completed 1999. Review scheduled 1998 and completed 2000. Inter-departmental joint review with Electricity Act 1971 and Essential Services (Continuity of Supply) Act. Essential Services (Continuity of Supply) Act 1992 Creates a mechanism to provide financial relief for customers who cannot pay their water bills, who can apply to an Essential Services Review Committee. No significant restrictions. Lakes Act 1976 Provides controls on boating and related activities on Lake Burley Griffin etc No significant restrictions. Plumbers, Drainers and Gasfitters Board Act 1982 To provide protection for customers from risks of poor quality workmanship. Limits access to market place to licensed workmen. Review scheduled 1999-00 and completed 2000. Completed. Review completed as part of broader review of regulation of building occupations under the Building Act 1972 and Electricity Act 1971. Government response due to be tabled in October 2000 - likely to propose significant legislative changes Review scheduled 1999-00 and completed 2000. Completed. Review undertaken by independent consultant. Government response due to be tabled in Legislative Assembly in October 2000. Act to be repealed and relevant parts included in the new Utilities Bill 2000 Reform progress Act to be repealed. Act to be repealed and relevant parts included in the new Utilities Bill 2000 Page 27 National Competition Council Sewerage Rates Act 1968 Water Pollution Act 1984 Water Rates Act 1959 Act repealed by the Environment Protection Act 1997. Legislation repealed. Act to be repealed and relevant parts included in the new Utilities Bill 2000 Act repealed by the Environment Protection Act 1997. Act to be repealed and relevant parts included in the new Utilities Bill 2000 Page 28 Annual Report 1998-99 Northern Territory Legislation Plumbers and Drainers Licensing Act Restriction To protect customers from risks of poor quality plumbing through licensing of plumbers and drainers. Limitations to access occupation Power and Water Authority Act To provide powers, duties and legal form for the Power and Water Authority (PAWA). Limited restrictions. Review scheduled June 97. Completed Mar-00. Independent review completed March 2000. Single provider status to be retained due to economies of scale. Independent licensing to be introduced under Utilities Commission and regulatory roles to be separated from service delivery. Amending legislation to be introduced in the Spring Session. No change recommended Review progress Review scheduled June 97. Review Started. External review of licensing issues in progress. Should be completed in late August. Reform progress Water Act Provides for the investigation, use, control, protection, management and administration of water resources and for related purposes Processes for issuing licences e.g. Grant of drilling licence (s49)Underground waste disposal licence (s63) - Waste discharge licence (s 74) Review scheduled June-97 and completed Jul00. Completed. Review completed by external consultants. Recommendations to go to Cabinet mid August. Water Regulations Provides for the investigation, use, control, protection, management and administration of water resources and for related purposes. Review scheduled Jun-97 and completed Jul-00. Review completed by external consultants. Recommendations to Cabinet mid August. No change recommended Page 29 National Competition Council Processes for issuing licences, eg: Water investigation permit (s 5) Permit to construct or alter water Works (s 6) - Bore construction permit (s 7) - Licence to take/use surface water (s8) - Licence to take ground water (s 9) Water Supply and Sewerage Act Provides powers and functions to PAWA for the provision of water and sewerage services within declared districts. Single provider status provided to PAWA. Lack of separation of service delivery from regulatory roles. Review scheduled Jun-97. Completed. Independent review completed March 2000. Single provider status to be retained due to economies of scale. Independent licensing to be introduced under Utilities Commission and regulatory roles to be separated from service delivery. Amending legislation to be introduced in the Spring Session. Page 30