Tasmania: Water and Sewerage Industry Act 2008 (Tas)

Water and Sewerage Industry Act 2008 An Act to provide for the establishment of an economic regulatory framework for the water and sewerage industry, including the establishment of a licensing regime and providing for the regulation of prices, customer service standards and performance monitoring of that industry and for related matters [Royal Assent 13 June 2008] Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: PART 1 - Preliminary 1. Short title This Act may be cited as the Water and Sewerage Industry Act 2008 . 2. Commencement The provisions of this Act commence on a day or days to be proclaimed. 3. Interpretation In this Act, unless the contrary intention appears – Agency has the same meaning as in the State Service Act 2000 ; annual performance reporting requirements means the annual reporting requirements referred to in section 69 ; Appeal Tribunal means the Tasmanian Civil and Administrative Tribunal; area of operations, in relation to a regulated entity, means the area within which the regulated entity is authorised to exercise the powers conferred by a licence; Australian Standard means a standard issued by the Standards Association of Australia, being the body known as Standards Australia; authorised officer means an authorised officer appointed under section 91 ; business day means a day that is not – (a) a Saturday or Sunday; or (b) a statutory holiday within the meaning of the Statutory Holidays Act 2000 ; code means a code issued by the Regulator under section 20 ; combined system means a system that is, or is to be, one for both sewage and stormwater; connection point means – (a) the point at which the customer's pipes connect with the water infrastructure or sewerage infrastructure; or (b) such other point as may be prescribed in the regulations; Corporation has the same meaning as in the Water and Sewerage Corporation Act 2012 ; customer means a person who is – (a) an owner and occupier of a property that is connected to a regulated entity's water infrastructure or sewerage infrastructure; or (b) an owner (but not an occupier) of a property that is connected to a regulated entity's water infrastructure or sewerage infrastructure; or (c) an occupier of a property that is connected to a regulated entity's water infrastructure or sewerage infrastructure and is liable for service charges; or (d) an owner or occupier of a property that is not connected to a regulated entity's water infrastructure or sewerage infrastructure but to which a regulated service is available from a regulated entity and the regulated entity imposes a service charge; customer complaints process means a process established pursuant to section 75 to deal with complaints by customers of a regulated entity relating to regulated services provided by that regulated entity; customer contract means a contract between a regulated entity and a customer for the provision of regulated services to the customer, which includes standard terms and conditions of service; customer service code means a code issued under section 57 ; deemed licensee means a person deemed to be licensed under section 32 ; disqualified individual means – (a) an individual who, pursuant to the Corporations Act 2001 of the Commonwealth, is disqualified from managing a corporation; or (b) an individual who, pursuant to a declaration under section 41 , is a disqualified person for the purposes of this Act; disqualified person means a disqualified corporation or a disqualified individual; environmental harm has the same meaning as in the Environmental Management and Pollution Control Act 1994 ; fire hydrant means an assembly installed on a water pipe which provides a valved outlet to permit a controlled supply of water to be taken from a pipeline for fire fighting purposes; first regulatory period means the period fixed under section 65(12)(a) ; infrastructure, in relation to a regulated entity, means infrastructure owned by, or under the management and control of, the regulated entity; interim licence means an interim licence granted under section 89 ; land includes – (a) buildings and other structures erected on the land; and (b) land covered with water; and (c) water covering land; licence means a licence granted under section 35(1) or a temporary licence granted under section 43(5) ; meter means a device used for the measurement of the flow of water or sewage – (a) through water infrastructure or sewerage infrastructure; or (b) such other infrastructure or system as may be prescribed in the regulations; meter reader means a person authorised to be a meter reader under section 56ZAA ; occupier of land means a person who has, or is entitled to, possession or control of the land and includes – (a) a person who occupies the land or part of the land jointly or in common with any other person; and (b) a person who occupies part of the land; officer has the same meaning as in the Corporations Act 2001 of the Commonwealth; Ombudsman means the Ombudsman appointed under the Ombudsman Act 1978 ; operational work, in relation to water infrastructure and sewerage infrastructure, means – (a) locating, inspecting, testing, operating, maintaining, repairing, altering, adding to, installing, upgrading, replacing or removing the water infrastructure or sewerage infrastructure; or (b) excavating land in order to carry out work of a kind referred to in paragraph (a) ; person includes an Agency, a statutory authority and an emanation of the Crown; planning authority means a planning authority within the meaning of the Land Use Planning and Approvals Act 1993 ; price means the price or price range however designated – (a) for the provision of a regulated service; or (b) for developer charges for water infrastructure and sewerage infrastructure – and includes a charge or tariff or particular factor, policy or a formula used in fixing the price; price and service plan means a price and service plan approved under section 65 ; price determination means a price determination by the Regulator under section 66 ; protective work, in relation to water infrastructure and sewerage infrastructure, means – (a) work that is necessary or expedient for the protection of infrastructure or public safety; or (b) excavating land in order to carry out work of a kind referred to in paragraph (a) ; public land means – (a) land owned by the Crown; or (b) land owned by an instrumentality or agent of the Crown; or (c) land owned by a council that is public land under section 177A of the Local Government Act 1993 ; record includes – (a) a documentary record; and (b) a record made by an electronic, electromagnetic, photographic or optical process; regulated activity means an activity for which a person is required to hold a licence or interim licence granted under this Act and includes the provision of a regulated service; regulated entity means – (a) a person holding a licence or an interim licence granted under this Act; or (b) a person deemed to hold a licence under section 32 ; or (c) a person who has surrendered his or her licence under this Act; or (d) a person whose licence has been cancelled or suspended; or (e) a person who has obligations under section 33 ; or (f) a person who, but for an exemption under section 90 , would be required to hold a licence under section 30 ; regulated service means the provision of a water service or a sewerage service by a regulated entity; regulations means regulations made and in force under this Act; Regulator means the Regulator referred to in section 11 ; regulatory period means the regulatory period fixed under section 65(12) or declared under section 65(13) ; related person, in relation to – (a) an individual, means some other individual who is the first-mentioned individual's – (i) employer, employee or partner; or (ii) a partner, within the meaning of the Relationships Act 2003 , parent, step-parent, grandparent, child, step-child, grandchild, sibling, step-sibling, nephew or niece; or (b) a body corporate, means a related body corporate within the meaning of the Corporations Act 2001 of the Commonwealth; reserve supplier means a person who is declared to be a reserve supplier under section 49 ; serviced land means land referred to in section 56U(1)(b) ; sewage includes trade waste; sewerage infrastructure means any infrastructure that is, or is to be, used for – (a) the collection or storage of sewage and includes the connection point; or (b) the conveyance or reticulation of sewage; or (c) the treatment of sewage, including any outfall pipe or other work that stores or conveys water leaving the infrastructure used for the treatment of sewage; or (d) any other infrastructure used in connection with sewage and declared to be sewerage infrastructure by the Minister by order – and includes a combined system but does not include – (e) any pipe, fitting or apparatus that is situated upstream of a customer's connection point to a sewer main; or (f) infrastructure situated entirely within the one land holding and not connected to any other infrastructure situated within another land holding; or (g) any other infrastructure used in connection with sewage and declared not to be sewerage infrastructure by the Minister by order; sewerage service means – (a) a service that is provided in connection with the collection, storage, treatment, conveyance or reticulation of sewage and includes a retail service for the collection of sewage; or (b) any other service declared to be a sewerage service by the Minister by order; sewerage system means the pipes, fittings, meters and other connected accessories required for or incidental to the discharge or conveyance of sewage to a regulated entity's sewerage infrastructure, but does not include the regulated entity's sewerage infrastructure; statutory authority means a body or authority, whether incorporated or not, that is established or constituted under a written law or under the royal prerogative, being a body or authority which, or of which, the governing authority wholly or partly comprises a person or persons appointed by the Governor, a Minister or another statutory authority, but does not include an Agency; step-in-operator – see section 56(2) ; step-in-order – see section 55(1) ; trade waste means liquid waste generated other than in the course of domestic activities and includes liquid waste generated by any trade, industrial, commercial, educational, medical, dental, veterinary, agricultural, horticultural, scientific research or experimental activities; water includes recycled water and re-use water, but does not include sewage; water and sewerage officer means an officer appointed under section 56A ; water infrastructure means any infrastructure that is, or is to be, used for – (a) the collection or storage of water, including from a dam or reservoir or a water production plant; or (b) the treatment of water; or (c) the conveyance or reticulation of water and includes the connection point; or (d) any other infrastructure used in connection with water and declared to be water infrastructure by the Minister by order – but does not include – (e) any pipe, fitting or apparatus that is situated downstream of a customer's connection point to a water main; or (f) any pipe, fitting or apparatus that is situated upstream of a customer's connection point to a stormwater drain; or (g) infrastructure situated entirely within the one landholding and not connected to any other infrastructure situated within another landholding; or (h) any other infrastructure used in connection with water that is declared not to be water infrastructure by the Minister by order; water service means a service that is provided in connection with the collection, storage, treatment, conveyance, reticulation or supply of water and includes a retail service for the supply of water, but does not include – (a) supply or use of water for irrigation purposes; or (b) supply or use of water in connection with the generation of electricity; water system means the pipes, fittings, meters and other connected accessories required for or incidental to the supply and measurement of water provided by a regulated entity, but does not include a regulated entity's water infrastructure. 3A. Application in relation to strata title units of certain expressions in this Act (1) In this section – common property has the same meaning as it has in the Strata Titles Act 1998 ; lot has the same meaning as it has in the Strata Titles Act 1998 . (2) For the purposes of the definitions in section 3 of "customer" and "connection point", a property consisting of a lot that, but for the interposing of pipes situated in whole or in part on common property, would be connected to a regulated entity's water infrastructure is to be taken to be a property that is connected to the regulated entity's water infrastructure or sewerage infrastructure. 4. Act binds Crown This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities. PART 2 - Objective of Act 5. Objective of Act The objective of this Act is to protect the long-term interests of customers and to provide for the safe, environmentally responsible, efficient and sustainable provision of reliable and secure water services and sewerage services to the Tasmanian community. PART 3 - Administration 6. Functions of Minister The Minister has the following functions under this Act: (a) to develop and coordinate policies relating to the regulation of the water and sewerage industry; (b) such other functions as are imposed on the Minister under this Act. 7. Powers of Minister (1) The Minister has power to do all things necessary or convenient to be done in connection with, incidental to or related to the performance of the Minister's functions under this Act. (2) Without limiting subsection (1) , the Minister, by notice in writing given to the Regulator, may require the Regulator to conduct an inquiry into any matter relating or incidental to the regulation of the water and sewerage industry that the Minister considers necessary or desirable. 8. Minister or Regulator may establish committees (1) The Minister or the Regulator may establish committees to provide information and advice to the Minister or the Regulator on matters related to the administration of this Act. (2) The members of a committee established under this section by the Minister are appointed and hold office on such terms and conditions as the Minister determines. (3) The members of a committee established under this section by the Regulator are appointed and hold office on such terms and conditions as the Regulator determines. 9. Delegation of Minister's functions and powers The Minister may delegate any of his or her functions or powers under this Act other than this power of delegation. 10. Exemption from Act (1) Subject to subsections (2) and (3) , the Minister may, by order, exempt a person, an activity or a class of activities from any provision of this Act subject to any conditions that the Minister determines. (2) The Minister may not make an order granting an exemption if it would be inconsistent with the objective of this Act to do so. (3) The Minister must not make an order granting an exemption unless the Minister has consulted with – (a) the Minister administering the Environmental Management and Pollution Control Act 1994 and that Minister has advised that the exemption would not be inconsistent with that Act; and (b) the Minister administering the Public Health Act 1997 and that Minister has advised that the exemption would not be inconsistent with that Act or any guidelines in force under that Act; and (c) the Minister administering the Water Management Act 1999 and that Minister has advised that the exemption would not be inconsistent with that Act. (4) An order remains in force until – (a) it is revoked; or (b) the date specified in the order as the date on which the order ceases to be in force – whichever first occurs. (5) The Minister may make an order renewing an exemption granted under this section. PART 4 - Regulation of Water and Sewerage Industry Division 1 - Regulator Subdivision 1 - Functions and powers 11. The Regulator (1) The office of the Regulator is established. (2) The Regulator, within the meaning of the Economic Regulator Act 2009 , is the Regulator. 12. Functions of Regulator The Regulator's functions are – (a) to administer the licensing system established under Division 2 ; and (b) to advise the Minister that a licence has been granted under Division 2 and to advise the Minister of any conditions that apply to that licence; and (c) to advise the Minister of any variation or amendments to the conditions of a licence; and (d) to monitor and report to the Minister on the compliance of a regulated entity with its licence conditions and obligations, including compliance with the customer service code; and (e) to establish and administer the customer service code; and (f) to regulate prices, terms and conditions for regulated services; and (g) to make price determinations and determinations generally; and (h) to monitor the performance of the water and sewerage industry and report on the performance of regulated entities; and (i) to provide advice to the Minister on matters on which the Minister requires advice in connection with the regulation of the water and sewerage industry; and (j) to undertake inquiries, including such inquiries as may be required by the Minister, in relation to the regulation of the water and sewerage industry; and (k) to publish guidelines issued by the Regulator under this Act on the Regulator's internet website; and (l) to perform such other functions as may be imposed on the Regulator under this Act. 13. Powers of Regulator (1) The Regulator has power to do all things necessary or convenient to be done in connection with, incidental to or related to the performance of the Regulator's functions under this Act. (2) Without limiting subsection (1) , the Regulator may – (a) develop and issue guidelines for the regulation of the water and sewerage industry – (i) for price regulation; and (ii) for pricing principles; and (iii) for price and service plans; and (iv) for licence administration; and (v) for annual performance reporting; and (vi) in relation to compliance by a regulated entity with the provisions of this Act and the conditions of the licence granted to the regulated entity; and (b) enforce the compliance of regulated entities with their licence conditions and obligations, including the customer service code; and (c) develop and issue codes; and (d) enter into contracts. 14. Delegation of Regulator's functions and powers The Regulator may delegate any of his or her functions or powers under this Act, other than this power of delegation. 15. Matters to which Regulator is to have regard In performing functions and exercising powers under this Act, the Regulator must seek to achieve the objective of this Act and must have regard to the following matters: (a) relevant health, public safety and environmental obligations; (b) the promotion of efficient long-term investment in water infrastructure and sewerage infrastructure, so as to achieve the lowest sustainable costs of the provision of water services and sewerage services; (c) the promotion of efficient pricing for regulated services; (d) the impact of the rate of change of prices for customers; (e) the maintenance of appropriate service standards for the provision of water services and sewerage services; (f) the avoidance of regulatory duplication, so far as is practicable, through appropriate consultation with, and data collection from, other relevant persons; (g) any matters relating to the water and sewerage industry prescribed in the regulations; (h) any other matters that the Regulator considers relevant. 16. Independence of Regulator In performing functions and exercising powers under this Act, the Regulator is not subject to the direction of the Minister or any other person unless expressly provided for under this Act. 17. Regulator's power to require information (1) The Regulator may, by written notice given to a person, require that person to give the Regulator, within a time stated in the notice, information or documents in the person's possession that the Regulator reasonably requires for the administration of this Act. (2) A person required to give information or documents under this section must provide the information or documents within the time stated in the notice given under subsection (1) . Penalty: Fine not exceeding 100 penalty units. (3) A person may not be compelled to give information under this section if the information might tend to incriminate the person of an offence. 18. Power to direct regulated entities to keep records (1) The Regulator may, by notice in writing given to a regulated entity, require the regulated entity to maintain and keep specified records, including any documents specified in the notice. (2) A person must not, without reasonable excuse, refuse or fail to comply with a notice given under subsection (1) . Penalty: Fine not exceeding 100 penalty units. 19. Special reports to Minister The Regulator must report to the Minister on matters on which the Minister requires a report as and when required by the Minister. Subdivision 2 - Codes 20. General provisions relating to codes (1) Subject to subsection (1A) , the Regulator may issue codes for any matter relating or incidental to any regulated activity. (1A) The Regulator must issue a code for any matter prescribed in the regulations relating to or incidental to meters. (2) A person subject to a code must comply with that code. Penalty: Fine not exceeding 100 penalty units. (3) The Regulator may not issue a code unless the Regulator has consulted with – (a) the Minister administering the Environmental Management and Pollution Control Act 1994 and that Minister has advised that the code would not be inconsistent with that Act; and (b) the Minister administering the Public Health Act 1997 and that Minister has advised that the code would not be inconsistent with that Act or any guidelines in force under that Act; and (c) the Minister administering the Water Management Act 1999 and that Minister has advised that the code would not be inconsistent with that Act. (4) If there is an inconsistency between a code issued under subsection (1) and this Act or regulations made under this Act, this Act or the regulations prevail to the extent of the inconsistency. (5) A code may be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the code. (6) A code may authorise any matter to be from time to time determined, approved or applied by the Regulator. (7) The Regulator is to notify the Minister whenever the Regulator issues a code and provide the Minister with a copy of the code. 21. Publication and availability of codes (1) As soon as practicable after the Regulator issues a code, the Regulator is to – (a) cause notice of the issuing of the code to be published in the Gazette; and (b) cause the code to be published on the Regulator's internet website. (2) The Regulator must keep a code available for inspection by any person, free of charge, at the office of the Regulator during normal office hours. (3) The Regulator is to ensure that copies of a code are available to any person for purchase, at cost, during normal office hours. 22. Review, amendment and replacement of codes (1) The Regulator may, on his or her own initiative or at the request of any person or the Minister, review a code. (2) The Regulator must review a code when required to do so by the Minister. (3) The Regulator may amend, rescind or substitute a code. (4) As soon as practicable after the Regulator – (a) amends or substitutes a code under subsection (3) , the Regulator is to cause – (i) notice of the making of the amendment or substitution to be published in the Gazette; and (ii) the code, as amended or substituted, to be published on the Regulator's internet website; or (b) rescinds a code, the Regulator is to cause notice of the rescission to be published in the Gazette and on the Regulator's internet website. (5) The Regulator is to notify the Minister whenever the Regulator amends, rescinds or substitutes a code and provide the Minister with a copy of the amended or substituted code, as the case may be. Subdivision 3 - Administration of office of Water and Sewerage Economic Regulator 23. Guidelines for conduct of Regulator (1) The Regulator may issue guidelines concerning the manner in which the Regulator performs functions and exercises powers under this Act. (2) Before the Regulator issues any guidelines under this section, the Regulator must submit the guidelines to the Treasurer for approval. (3) The Regulator must keep the guidelines available for inspection by any person, free of charge, during normal office hours. (4) The Regulator is to ensure that copies of the guidelines are available to any person to purchase, at cost, during normal office hours. 24. Advisory committees (1) The Regulator may establish advisory committees to advise the Regulator on specified aspects of the administration of this Act. (2) The members of advisory committees are appointed and hold office on terms and conditions approved by the Treasurer. 25. Staff of Regulator The Regulator may arrange with the Secretary of the responsible Department in relation to the Financial Management Act 2016 for such State Service officers and State Service employees as the Regulator considers necessary employed in that Department to be made available to enable the Regulator to perform functions and exercise powers under this Act and those officers and employees may, in conjunction with State Service employment, serve the Regulator in any capacity. 26. Assistance and facilities The Regulator may arrange with any person to provide assistance or facilities to enable the Regulator to perform functions and exercise powers under this Act. 27. Funds (1) The funds of the Regulator consist of – (a) all money received by the Regulator in the course of performing functions and exercising powers under this Act; and (b) money appropriated by Parliament for the purpose of the Regulator; and (c) all other money received by the Regulator from any other source. (2) The funds of the Regulator are to be applied – (a) in the payment or discharge of the expenses, charges and obligations incurred or undertaken by the Regulator in the performance of functions and the exercise of powers; and (b) in the payment of the remuneration and allowances of the Regulator; and (c) in meeting the expenses incurred by the Regulator in respect of – (i) the use of the services of persons referred to in section 25 ; and (ii) the assistance or facilities provided under section 26 ; and (d) in any other manner authorised or required under this or any other Act. 28. Annual report of Regulator The annual report made by the Regulator, within the meaning of the Economic Regulator Act 2009 , under that Act is to include a report on the performance and exercise of the Regulator's functions and powers under this Act. 29. Tabling of annual report (1) By 31 October in each year, the Treasurer must cause a copy of the annual report referred to in section 28 for the previous financial year to be laid before each House of Parliament. (2) If the Treasurer is unable to comply with subsection (1) because a House of Parliament is not sitting on 31 October in any year, the Treasurer must – (a) on or before that day, provide copies of the annual report to the clerk of that House; and (b) within the first 7 sitting-days after that day, cause copies of the annual report to be laid before that House. Division 2 - Licensing of regulated entities Subdivision 1 - Licensing 30. Requirement for licence A person must not – (a) own or operate water infrastructure or sewerage infrastructure used for the provision of water services or sewerage services to another person; or (b) provide water services or sewerage services to another person, by means of, or in connection with the use of, water infrastructure or sewerage infrastructure; or (c) undertake any other activity that is declared by the Minister under section 31 to be a regulated activity – unless the person holds a licence under this Act authorising the relevant activity or is otherwise permitted under this Act to not hold a licence. Penalty: Fine not exceeding 10 000 penalty units and, in the case of a continuing offence, a further fine not exceeding 100 penalty units for each day during which the offence continues. 31. Declaration of regulated activities and non-regulated activities (1) The Minister may, by order, declare – (a) an activity to be a regulated activity; or (b) an activity to not be a regulated activity – if the Minister is satisfied that it is in the public interest to do so. (2) Before making an order under subsection (1) , the Minister must obtain the advice of the Regulator as to whether an activity should be declared to be a regulated activity or to not be a regulated activity. (3) The Regulator may at any time recommend to the Minister that an activity be declared to be a regulated activity or to not be a regulated activity. 32. Deemed licensee (1) Where more than one person is required to be licensed under section 30(a) in connection with a particular piece of water infrastructure or sewerage infrastructure, only one of those persons is required to be granted a licence under section 35(1) . (2) Where subsection (1) applies and a person is granted a licence under section 35(1) in respect of a piece of water infrastructure or sewerage infrastructure – (a) the unlicensed person is deemed to be licensed in relation to that infrastructure on the same terms and conditions as the person granted a licence under section 35(1) ; and (b) compliance by the person granted a licence under section 35(1) or the deemed licensee with this Act and any relevant licence conditions in relation to the infrastructure constitutes compliance by the deemed licensee or the person granted a licence under section 35(1) , as the case may be. 33. Contravening person still subject to regulated entity obligations (1) Where a person is undertaking an activity for which that person is required to be licensed pursuant to section 30 and that person does not hold a licence to undertake that activity, this Act and any standard licence obligations declared by the Regulator under subsection (2) , including any penalties for non-compliance, apply as if that person held a licence in relation to that activity. (2) The Regulator, by notice published in the Gazette, may declare standard licence obligations for the purposes of this section. (3) Subsection (1) does not apply to a person who is deemed to be licensed under section 32 . 34. Applications for licences (1) An application for a licence must – (a) be in such form as the Regulator may approve; and (b) contain such information as the Regulator may require; and (c) be accompanied by such fee as may be prescribed in the regulations; and (d) be lodged at the office of the Regulator. (2) The Regulator may issue guidelines relating to licence application forms, application fees and the application process. (3) An applicant is to comply with any guidelines issued under subsection (2) . 35. Determination of applications by Regulator (1) The Regulator may determine an application for a licence by granting a licence or by refusing the application. (2) Before making a determination on an application under subsection (1) , the Regulator must, within 10 business days after the receipt of the application, invite submissions on the application from – (a) the Minister; and (b) the Minister administering the Public Health Act 1997 ; and (c) the Minister administering the Water Management Act 1999 ; and (d) the Minister administering the Environmental Management and Pollution Control Act 1994 ; and (e) such other persons as are prescribed by the regulations. (3) On receipt of an application for a licence, the Regulator is to publish, in daily newspapers published and circulating in Tasmania, a notice of the application that invites submissions on the application from the public. (4) A notice published under subsection (3) is to include information on how a submission can be made and the timeframes for providing a submission. (5) The Regulator must determine the application within 60 business days after receiving the application. (6) A licence may not be granted to a disqualified person. (7) A licence must not be granted unless the Regulator is satisfied as to each of the following: (a) that the applicant has shown honesty and integrity in previous commercial and other dealings; (b) that the applicant has, and will continue to have, the capacity (including technical, financial and organisational capacity) to carry out the activities that the licence (if granted) would authorise; (c) that the applicant has the capacity to carry out those activities in a manner that appropriately manages the risk to public and environmental health; (d) that the applicant has made, and will maintain, appropriate arrangements in respect of insurance; (e) such matters as the Regulator considers relevant, having regard to the public interest; (f) such other matters as are prescribed by the regulations. (8) On making a determination under this section, the Regulator must cause notice of the determination, and of the reasons for the determination, to be given to the applicant and the Minister. (9) The Regulator must cause the information contained in the notice under subsection (8) to be made available to the public on the Regulator's internet website. 36. Duration of licences A licence remains in force until it is cancelled. 37. Conditions of licences (1) A licence is subject to such conditions as are imposed on it by this Act or by the Regulator or by both this Act and the Regulator. (2) Without limiting subsection (1) , the Regulator may impose conditions requiring the regulated entity to – (a) have and maintain, the capacity (including technical, financial and organisational capacity) to carry out the activities authorised by the licence; and (b) give and maintain appropriate security (in such amount and form as the Regulator may determine) for the fulfilment of its obligations under the licence; and (c) maintain appropriate arrangements in respect of insurance; and (d) comply with a price determination made under section 66 ; and (e) submit to the Regulator a proposed price and service plan; and (f) develop an asset management plan; and (g) comply with guidelines and codes, including the customer service code; and (h) prepare and publish a customer contract; and (i) develop a plan for the provision of regulated services as a reserve supplier; and (j) prepare a contingency plan to facilitate the transition of the operation of water infrastructure or sewerage infrastructure to a step-in-operator in the event of a step-in-order; and (k) meet all relevant legislative obligations, in particular the Public Health Act 1997 , the Fluoridation Act 1968 , the Environmental Management and Pollution Control Act 1994 and the Water Management Act 1999 in so far as those Acts relate to the provision of regulated activities; and (l) comply with reporting obligations under this Act; and (m) undertake any other obligations determined by the Regulator that are consistent with the objective of this Act. 38. Matters to be included in licence (1) A licence must – (a) state the name of the regulated entity that holds the licence; and (b) state the regulated activities that are authorised by the licence (including, where relevant, the geographic location in which those activities may be conducted); and (c) contain the licence conditions and such other conditions as may be prescribed by the regulations. (2) A licence may specify an area in which the regulated entity is to be the reserve supplier if the regulated entity is declared to be a reserve supplier under section 49 . (3) The area specified in subsection (2) may be within the area of operations of more than one regulated entity, whether the respective licences relate to the same or different regulated activities. 39. Annual licence fees (1) The Regulator must require a regulated entity to pay to the Minister such amount, by way of an annual licence fee, as the Minister may from time to time determine in respect of the following: (a) a licence; (b) an interim licence granted under section 89 . (2) The Minister is to notify the Regulator of the amount of the annual licence fee determined under subsection (1) . (3) The Regulator is to notify the regulated entity in writing of the amount of the annual licence fee as soon as practicable after the receipt of notification under subsection (2) from the Minister. (4) The amount so determined by the Minister is to be an amount that the Minister considers to be a reasonable contribution towards the cost of administering this Act, including any of the following: (a) the costs to be incurred by the Regulator in performing functions and exercising powers, under this Act; (b) the costs to be incurred by the Ombudsman in investigating complaints under section 76 ; (c) the costs which will arise from the regulation, by prescribed persons, of activities specified in the licence – during the year to which the fee relates, in relation to a regulated entity. (5) It is a condition of a regulated entity's licence or interim licence, under which the regulated entity provides regulated services to customers, that the regulated entity must comply with any requirement under this section. 40. Variation of licence conditions (1) The Regulator may vary the conditions of a regulated entity's licence by written notice given to the entity. (2) A variation may only be made – (a) on application by the regulated entity; or (b) on recommendation by the Minister; or (c) on the Regulator's own motion. (3) Before varying the conditions of a licence the Regulator must invite submissions on the proposed changes from – (a) the Minister, unless the variation is made under subsection (2)(b) ; and (b) the Minister administering the Public Health Act 1997 ; and (c) the Minister administering the Water Management Act 1999 ; and (d) the Minister administering the Environmental Management and Pollution Control Act 1994 ; and (e) such other persons as are prescribed by the regulations. (4) Before varying the conditions of a licence under subsection (1) in a material way, the Regulator must publish a notice of the variation in daily newspapers published and circulating in Tasmania that invites submissions on the proposed variation from the public. (5) A notice published under subsection (4) is to include information on how a submission can be made and the timeframes for inviting submissions. (6) The Regulator must publish any variation made to the conditions of a licence under subsection (1) on the Regulator's internet website. 41. Enforcement of licences (1) If the Regulator is satisfied that a regulated entity has contravened this Act or the conditions of the licence held by the regulated entity, the Regulator may impose on the regulated entity a monetary penalty not exceeding – (a) 5 000 penalty units for the first day on which the contravention occurs; and (b) a further fine not exceeding 200 penalty units for each subsequent day on which the contravention continues. (2) If more than one person is required to be licensed under section 30(a) in connection with a piece of water infrastructure or sewerage infrastructure, the Regulator may take any action under this section against either a person who has been granted a licence under section 35(1) or a deemed licensee in relation to that water infrastructure or sewerage infrastructure. (3) In addition to subsection (1) , if the Regulator is satisfied that a regulated entity has contravened this Act or the conditions of the licence held by the regulated entity, the Regulator may, by written notice given to the regulated entity do one or more of the following: (a) require the regulated entity to send specified information to customers; (b) require the regulated entity to pay compensation to customers in such circumstances as the Regulator considers appropriate; (c) require the regulated entity to publish notices containing specified information; (d) require the regulated entity to take specified action, or to cease taking specified action, to rectify the contravention; (e) require the regulated entity to take specified action, or to cease taking specified action, to prevent any future contravention; (f) suspend the licence; (g) cancel the licence; (h) declare that the regulated entity is a disqualified person for the purposes of this Act; (i) declare that specified persons, being – (i) persons who are directors of the regulated entity or are concerned in the management of the regulated entity; or (ii) persons or classes of persons who are related persons in relation to a person referred to in subparagraph (i) – are disqualified persons for the purposes of this Act. (4) The Regulator may cancel or suspend a licence held by a regulated entity if the regulated entity becomes a disqualified person. (5) A notice under subsection (3) may be expressed to apply indefinitely, for a specified period of time or for a period of time ending on the occurrence of a specified event or state of affairs. (6) Nothing in this section prevents a licence from being cancelled or suspended at the request of the regulated entity. 42. Regulator's power of direction (1) The Regulator may, for the purposes of this Act, give a direction to a regulated entity. (2) A direction under this section must be given in writing. (3) A regulated entity must comply with any direction given under subsection (1) . Penalty: Fine not exceeding 100 penalty units. 43. Suspension and cancellation of licences in public interest (1) The Regulator may, by written notice served on a regulated entity, suspend or cancel a licence held by the regulated entity if the Regulator is satisfied that the suspension or cancellation is in the public interest. (2) Suspension or cancellation of a licence may be – (a) of the Regulator's own motion; or (b) on the written recommendation of the Minister. (3) Suspension or cancellation under this section may be in respect of the whole or any part of the provision of the regulated activities to which the licence relates. (4) Suspension or cancellation under this section takes effect on and from the day specified in the notice of suspension or cancellation served under subsection (1) and, in the case of suspension, the suspension remains in force until the date specified in the notice. (5) Where a person is a deemed licensee in respect of a piece of water infrastructure or sewerage infrastructure, in respect of which another person has been granted a licence under section 35(1) and that other person has had its licence cancelled or suspended under this section, the Regulator may grant a temporary licence to the deemed licensee for a specified period and on specified conditions. 44. Activities not authorised A regulated entity must not engage in regulated activities to which the licence relates which have been suspended in whole or in part. Penalty: Fine not exceeding 5 000 penalty units. 45. Regulated entities to be notified of proposed action (1) The Regulator must not take action under section 40 , 41 or 43 unless – (a) the Regulator has given notice of the proposed action to – (i) the regulated entity; and (ii) such other persons as may be prescribed by the regulations; and (b) the regulated entity and each such person has been given a reasonable opportunity to make submissions to the Regulator in respect of the proposed action; and (c) the Regulator has given consideration to any such submissions. (2) In a notice given under subsection (1)(a) , the Regulator is to state the grounds on which the notice is given. (3) Subsection (1)(a)(i) does not apply to action taken at the request of the regulated entity. 46. Review of licences (1) The Regulator is to review each licence at intervals of not more than 5 years, with the first review commencing not later than the fourth anniversary of the granting of the licence. (2) A report in respect of a review is to be given to the Minister and published on the Regulator's internet website. 47. Emergency directions (1) Subject to subsection (7) , if the Minister is of the opinion that it is necessary to do so in order to deal with a serious risk to public health or public safety or to deal with the likelihood of material or serious environmental harm arising from the provision of a regulated activity, the Minister may give a direction, in writing, to a regulated entity to take specified action to reduce or eliminate that risk. (2) Before the Minister gives a direction to a regulated entity under subsection (1) , the Minister must consult with the Director, Environment Protection Authority and the Director of Public Health. (3) The Minister is to advise the Regulator, the Director, Environment Protection Authority and the Director of Public Health of any direction given to a regulated entity under subsection (1) . (4) It is a condition of a regulated entity's licence under which a regulated entity provides regulated services to customers that the regulated entity must comply with any direction under this section. (5) If the regulated entity fails to take action specified in a direction given to it under subsection (1) or to undertake appropriate work in accordance with any such direction, the Minister may arrange for the action specified in the direction to be carried out by another person. (6) The cost incurred by the Minister of carrying out the action specified in the direction given under subsection (1) may be recovered by the Minister in a court of competent jurisdiction as a debt owed to the Crown by the regulated entity. (7) Nothing in this Act affects the exercise of any power, or the obligation of a regulated entity to comply with any direction, order or requirement, under the Emergency Management Act 2006 or any other law relating to emergencies. 48. Register of licences (1) The Regulator is to establish and maintain a register of licences. (2) The regulations may make provision with regard to the manner and form in which the register is to be kept and the nature of the information to be included in the register. (3) The Regulator must keep the register available for inspection by any persons, free of charge, during normal office hours. (4) It is sufficient compliance with subsection (3) if a copy of the register is made available on the Regulator's internet website. (5) Copies of entries in the register are to be made available to any persons, at cost, during normal office hours. Subdivision 2 - Reserve supplier 49. Declaration of reserve supplier (1) For the purposes of this section, the water services or sewerage services specified in an order made under subsection (2) are "reserved services". (2) The Minister may, by order, declare that a regulated entity is the reserve supplier in relation to the provision of one or more water services or sewerage services within the whole or any specified part of its area of operations. (3) Before making an order under subsection (2) , the Minister is to provide a copy of the proposed order to the Regulator. (4) A reserve supplier is required to offer to provide the reserved services to all customers within the area specified in an order made under subsection (2) and to provide those services where the offer is accepted by customers in accordance with the prices, terms and conditions determined by the Regulator in accordance with Divisions 4 and 5 of this Part. Subdivision 3 - Changes to operations of licence 50. Licence cannot be transferred A licence cannot be transferred. 51. Surrender of licence (1) A regulated entity may, by written notice given to the Regulator, surrender its licence. (2) The notice given under subsection (1) must be given to the Regulator at least 6 months before the surrender is to take effect or, if the licence requires a longer period of notice, as required by the licence. (3) The Regulator may, by agreement in writing with the regulated entity, shorten the required period of notice. 52. Applying for cancellation of licence as regulated entity A regulated entity may apply to the Regulator to have the regulated entity's licence cancelled if the regulated entity has not provided, and does not intend to start providing, the regulated activity for which the regulated entity is licensed. 53. No compensation is payable No compensation is payable to a regulated entity if the Regulator cancels, suspends or varies a licence held by the regulated entity under this Act. 54. Notice of proposed or anticipated stoppage of provision of regulated service (1) If a regulated entity proposes to stop, or anticipates stopping, all or part of the provision of a regulated service, the regulated entity must not stop providing the regulated service unless the regulated entity has given at least 60 business days' notice in writing to the Regulator of the proposed or anticipated stoppage. Penalty: Fine not exceeding 100 penalty units. (2) The notice given under subsection (1) must specify the day on which the regulated entity proposes to stop or anticipates stopping the provision of all or part of a regulated service. (3) If the regulated entity continues providing all or part of a regulated service after the day specified in the notice, the notice ceases to have effect as a notice under subsection (1) . (4) If the regulated entity again proposes to stop, or anticipates stopping, the provision of all or part of a regulated service, the regulated entity must give a further notice under subsection (1) . Penalty: Fine not exceeding 100 penalty units. (5) If the regulated entity stops providing all or part of a regulated service, whether or not a notice has been provided under subsection (1) , the regulated entity must give the Regulator notice immediately or as soon as practicable after stopping the provision of all or part of that regulated service. Penalty: Fine not exceeding 100 penalty units. Subdivision 4 - Step-in-operator 55. Power to take over operations (1) If – (a) a regulated entity contravenes this Act or a code, or a regulated entity's licence is suspended, cancelled or surrendered; and (b) it is necessary, in the Regulator's opinion, to take over some or all of the regulated entity's operations to ensure that the regulated entity's customers receive an adequate provision of regulated services – the Minister, on receipt of the written advice of the Regulator, may make an order under this section (referred to as a "step-in-order"). (2) Before a step-in-order is made under this section, the Minister must give the regulated entity a reasonable opportunity to make submissions in respect of the proposed order. (3) A step-in-order – (a) authorises the Regulator to appoint a step-in-operator to take over the regulated entity's operations or a specified part of the regulated entity's operations; and (b) may specify that – (i) the step-in-operator has such functions and powers in relation to the regulated entity's operations as are specified in the order; and (ii) the regulated entity is to stop providing regulated services to specified customers on and from a specified date; and (iii) upon commencement of provision of water services and sewerage services by the step-in-operator, the specified customers become, in relation to the provision of any regulated services that are the subject of the step-in-order, the customers of the step-in-operator; and (iv) each customer referred to in subparagraph (iii) and the step-in-operator are taken to have entered into a special circumstances contract under such terms as are determined under subsection (4) for the purposes of this section or as otherwise specified in the order; and (v) the step-in-operator must have access to, and take control of, the water infrastructure and sewerage infrastructure and other property, including intellectual property, licences and employees, of the regulated entity as is necessary for the purposes of carrying on the operations specified in the order; and (c) may contain ancillary directions which may – (i) contain directions about how the costs of carrying on the operations, and revenue generated from the operations, are to be dealt with; and (ii) specify the period for which the order under subsection (1) applies; and (iii) specify any conditions that may apply. (4) The Regulator may, by notice in writing given to a step-in-operator, determine the terms of a special circumstances contract between the step-in-operator and the customer. (5) A step-in-order operates to the exclusion of rights that are inconsistent with the step-in-order. 56. Appointment of step-in-operator (1) When a step-in-order is made, the Regulator must appoint a suitable person (who may, but need not, be a regulated entity) to take over the operations specified in that order. (2) A person appointed to take over a regulated entity's operations specified in the step-in-order is referred to as the "step-in-operator". (3) The regulated entity must facilitate the handover of the operations to the step-in-operator as specified in the order. Penalty: Fine not exceeding 1 000 penalty units. (4) A person must not obstruct the step-in-operator's access to property or the exercise by the step-in-operator of the step-in-operator's responsibilities under this section. Penalty: Fine not exceeding 1 000 penalty units. (5) A person must comply with reasonable directions given by the step-in-operator in the exercise of the step-in-operator's responsibilities under this section. Penalty: Fine not exceeding 1 000 penalty units. Division 2A - Powers and obligations of regulated entities Subdivision 1 - Water and sewerage officers 56A. Appointment of water and sewerage officers (1) A regulated entity may appoint persons employed by that regulated entity as water and sewerage officers. (2) In the exercise of a water and sewerage officer's powers under this Act, the water and sewerage officer is subject to control and direction by the relevant regulated entity. 56B. Conditions of appointment (1) A water and sewerage officer holds office for such period, and on such conditions, as are stated in the water and sewerage officer's instrument of appointment. (2) A water and sewerage officer may resign by written notice given to the relevant regulated entity. (3) A water and sewerage officer may be removed from office by the relevant regulated entity for any reason that the regulated entity considers sufficient. 56C. Water and sewerage officer's identity card (1) A regulated entity must provide each water and sewerage officer with an identity card. (2) The identity card is in force for the period specified in the card. (3) The identity card must – (a) contain a photograph of the water and sewerage officer taken for the purpose; and (b) be signed by the water and sewerage officer; and (c) identify the person as a water and sewerage officer for the relevant regulated entity; and (d) be signed by the chief executive officer of the relevant regulated entity. 56D. Production of identity card A water and sewerage officer must, before exercising a power that may affect a person, produce the officer's identity card for inspection on demand by the person. Penalty: Fine not exceeding 10 penalty units. Subdivision 2 - Functions and powers relating to water infrastructure and sewerage infrastructure 56E. Power to carry out work on public land (1) Subject to this section, a regulated entity may – (a) install water infrastructure or sewerage infrastructure on public land; and (b) carry out operational work or protective work on water infrastructure or sewerage infrastructure on public land; and (c) carry out other work on public land for the provision of a water service or a sewerage service. (2) Subject to this section, a regulated entity must – (a) unless otherwise agreed between the regulated entity and the authority responsible for the management of the public land (the "responsible authority"), or in the case of an emergency, give the responsible authority on whose land the regulated entity intends to carry out work not less than 7 days' written notice of the regulated entity's intention to carry out work on the land; and (b) before commencing the work, secure the responsible authority's agreement as to how the work is to be carried out. (3) Any agreement under subsection (2) may include conditions that the responsible authority considers appropriate in the public interest. (4) Prior notice is not required under subsection (2) for work of a kind prescribed by the regulations for the purposes of this section. (5) Agreement is not required under subsection (2) for work of a kind prescribed by the regulations for the purposes of this section. (6) In an emergency, a regulated entity may carry out any work specified in subsection (1) at any time and – (a) may be accompanied by such other persons as the regulated entity considers necessary or appropriate; and (b) may bring on to the land any vehicles and equipment that the regulated entity considers necessary or appropriate for the work which the regulated entity is to carry out on the land. (7) If the responsible authority, on being given notice under subsection (2) , decides to – (a) include, in the agreement under that subsection, conditions that the regulated entity considers unreasonable; or (b) dispute that the regulated entity is entitled to carry out the proposed work – the regulated entity may appeal to the Appeal Tribunal. (8) Subsection (7) does not apply if the responsible authority is a Minister or a person or body to whom directions may be given by a Minister in respect of the matter in dispute. (9) Except as provided by subsection (10) , the Appeal Tribunal is to hear and determine the appeal in accordance with the Tasmanian Civil and Administrative Tribunal Act 2020 . (10) Despite clause 7(3) of Part 8 of Schedule 2 to the Tasmanian Civil and Administrative Tribunal Act 2020 , the Appeal Tribunal must not, under that clause, allow any person other than the regulated entity and the responsible authority to be a party to the appeal. (11) A regulated entity must make good, to the satisfaction of the responsible authority, any damage caused by the exercise of powers under this section as soon as practicable. (12) If a regulated entity fails to make good, to the satisfaction of the responsible authority, any damage caused by the exercise of powers under this section, the responsible authority may make good the damage itself. (13) The cost of making good the damage referred to in subsection (12) may be recovered by the responsible authority in a court of competent jurisdiction as a debt owed to it by the regulated