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Sydney Catchment Authority Operating Licence

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Sydney Catchment Authority Operating Licence Operating Licence for the Sydney Catchment Authority under the Sydney Water Catchment Management Act 1998 Sydney Catchment Authority Operating Licence PART 1 INFORMATION ABOUT THE LICENCE 1 1.1 Purpose of Licence 1 1.2 Duration of Licence 1 1.3 Powers not limited 1 1.4 Area of operations 1 1.5 Mid Term Review 2 1.6 End of Term Review 2 1.7 Licence amendment 3 1.8 Contravention of Licence 3 1.9 Cancellation of Licence 3 1.10 Availability of Licence 3 1.11 Non-exclusive licence 4 1.12 Information provided to IPART under Licence 4 PART 2 THE SCA’S RESPONSIBILITIES 5 2.1 Responsibilities of the SCA under the Licence and other laws 5 2.2 Responsibility of the SCA under the Act 5 2.3 Memorandum of Understanding 5 PART 3 BULK RAW WATER QUALITY 7 3.1 Specific Water Characteristics 7 3.2 Health Related Water Quality Characteristics 7 3.3 Obligations under 2000 Operating Licence 8 3.4 Water supplied for Water Treatment 8 3.5 Catchment and system management 8 3.6 Water quality monitoring and reporting 8 3.7 Water quality planning 10 3.8 Environmental water quality 12 PART 4 CATCHMENT MANAGEMENT AND PROTECTION 13 4.1 SCA to manage and protect Catchment Areas 13 4.2 Plans of Management – Special Areas 13 4.3 Regional Environmental Plan 13 4.4 State Environmental Planning Policy 14 4.5 Provision of Information 14 PART 5 THE ENVIRONMENT 15 5.1 Environment Plan 15 5.2 Catchment and Environmental Performance Indicators 15 PART 6 MANAGEMENT OF CATCHMENT INFRASTRUCTURE WORKS AND WATER CONSERVATION 17 6.1 Management of Catchment Infrastructure Works 17 6.2 Water Supply System Yield 17 6.3 Review of the model 18 6.4 Water conservation 18 PART 7 ASSET MANAGEMENT 20 7.1 Asset management obligation 20 7.2 Reporting on the management system of the Assets 20 7.3 Auditing the management system of the Assets 21 PART 8 CUSTOMERS 22 8.1 Customer – Sydney Water Corporation 22 8.2 Customers – other than Sydney Water Corporation 22 8.3 Complaints 22 8.4 Consultation 23 PART 9 PRICING 24 9.1 Sydney Water Corporation 24 9.2 Wingecarribee Shire Council and Shoalhaven City Council 24 9.3 Other customers 24 PART 10 LIABILITY ISSUES 25 10.1 Contracting out 25 10.2 Damage and compensation to persons 25 PART 11 ANNUAL AUDIT OF THE LICENCE 26 11.1 Commission of audits 26 11.2 What the audit is to report on 26 11.3 Reporting of audit 27 11.4 Additional audits 27 11.5 Provision of information 27 PART 12 NOTICES 29 PART 13 DEFINITIONS AND INTERPRETATION 30 13.1 Definitions 30 13.2 Interpretation 34 SCHEDULE 1 AREA OF OPERATIONS 36 SCHEDULE 2 CATCHMENT AND ENVIRONMENTAL PERFORMANCE INDICATORS 37 2 Sydney Catchment Authority Operating Licence Part 1 Information about the Licence 1.1 Purpose of Licence 1.1.1 The purpose of the Licence is to set out the terms and conditions under which the SCA is to: (a) meet the objectives and other requirements imposed on it in the Act; (b) provide, construct, operate, manage and maintain efficient and co-ordinated viable systems and services for supplying Bulk Raw Water; (c) comply with the quality and performance standards required in the Licence or required to be developed under the Licence; (d) report against indicators on the ecological health of the Catchment Area and of the impact of its activities (including polluting activities); (e) recognise the rights given to Customers and the community by the Licence; and (f) be subject to the Annual Audit of compliance with the Licence. 1.2 Duration of Licence 1.2.1 The 2000 Operating Licence is renewed and replaced by the Licence with effect from the Commencement Date on the terms set out in the Licence. 1.2.2 The Licence expires on 30 June 2010. The Governor may, however, renew the Licence under the Act. [Note: Section 28 of the Act allows the Governor to renew the licence for a maximum of 5 years at a time.] 1.2.3 The Licence does not affect any rights or obligations that accrued under the 2000 Operating Licence prior to its renewal by the Licence. 1.3 Powers not limited The Licence does not restrict the SCA’s power to carry out any Functions conferred or imposed under any applicable law. 1.4 Area of operations 1.4.1 The Licence enables the SCA to exercise its Functions in or in respect of an area in or outside the Area of Operations. 1.4.2 The Area of Operations may be varied only as permitted under the Act. [Note: The Area of Operations for the SCA is listed in Schedule 1 of the Licence. Section 20 of the Act states that subject to certain requirements the Governor may vary the Area of Operations by order published in the NSW Government Gazette.] D05/8114 1 Independent Pricing and Regulatory Tribunal 1.5 Mid Term Review 1.5.1 Subject to clause 1.5.2, on or about 1 January 2008, a Mid Term Review of the Licence or any part of the Licence may be undertaken if there is a change in regulation or public policy or any other event which, in the reasonable opinion of IPART, may have a significant impact on the operation of the Licence or any part of the Licence. 1.5.2 A review must be undertaken of the Licence or any part of the Licence if requested by the Minister. 1.5.3 The Mid Term Review is to be undertaken by the Licence Review Body. 1.5.4 The Licence Review Body may engage in Public Consultation as part of the Mid Term Review. 1.5.5 The Licence Review Body is to report to the Minister within six months of commencing the review on the following: (a) the findings of the review; (b) any recommendations for amendment to the Licence; and (c) any recommendations for amendment to any law that would enhance the operation of the Licence. 1.5.6 The Licence Review Body’s report must be made available to the public by the SCA at the direction of the Minister. 1.5.7 The Minister may accept or reject any recommendation made by the Licence Review Body. 1.5.8 If any recommendation made by the Licence Review Body and accepted by the Minister requires an amendment to the Licence, the recommendation is of no force or effect unless the Licence is relevantly amended under section 27 of the Act. 1.5.9 Any recommendation made by the Licence Review Body that is not accepted by the Minister is of no force or effect. 1.6 End of Term Review 1.6.1 An End of Term Review for the purpose of determining the terms of any renewal of the Licence is to commence on or about 1 July 2009. 1.6.2 The End of Term Review is to be undertaken by the Licence Review Body. 1.6.3 The Licence Review Body is to engage in Public Consultation as part of the End of Term Review. 1.6.4 The Licence Review Body is to report to the Minister within 12 months of commencing the review on the following: (a) the findings of the review; (b) any recommendations for amendment to the Licence, including any additional terms to be included in any renewal of the Licence; and 2 Sydney Catchment Authority Operating Licence (c) any recommendations for amendment to any law that would enhance the operation of the Licence. 1.6.5 The Licence Review Body’s report must be made available to the public by the SCA at the direction of the Minister. 1.6.6 The Minister may accept or reject any recommendation made by the Licence Review Body. 1.6.7 If any recommendation made by the Licence Review Body and accepted by the Minister requires an amendment to the Licence, the recommendation is of no force or effect unless the Licence is relevantly amended under section 27 of the Act. 1.6.8 Any recommendation made by the Licence Review Body that is not accepted by the Minister is of no force or effect. 1.7 Licence amendment The Licence may be amended by the Governor under the Act. [Note: Section 27 of the Act provides that the Governor may amend the operating licence.] 1.8 Contravention of Licence 1.8.1 If the Minister is of the opinion that the SCA has contravened the Licence, the Minister may take action against the SCA under section 29 of the Act. [Note: Section 29 of the Act provides that, where the Minister is of the opinion that the SCA contravenes the Licence, the Minister may serve a notice on the SCA requiring it to rectify the contravention; or, the Governor may direct that the SCA is to pay a monetary penalty in an amount determined by the Governor.] 1.8.2 If the SCA contravenes the Licence, IPART may take action against the SCA under section 29A of the Act. [Note: Section 29A of the Act provides that, where the SCA knowingly contravenes the Licence, IPART may impose a monetary penalty on the SCA. Alternatively, IPART may require the SCA to take such action as IPART considers appropriate in the circumstances eg requiring the sending of information to customers or the publication of notices in newspapers.] 1.9 Cancellation of Licence The Licence may be cancelled by the Governor in the circumstances described in section 30 of the Act.
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