Application for declaration of Sydney sewerage network services

Services Sydney application for declaration of Sydney sewerage network services.

On 3 March 2004, the Council received an application under Part IIIA of the Trade Practices Act 1974 (TPA) from Services Sydney Pty Ltd for a recommendation to declare sewage transmission and interconnection services provided by Sydney Water. The Council released an issues paper and a draft recommendation calling for public submissions on the matter. The draft recommendation was that the services be declared. The final recommendation was made to the relevant decision maker in the matter, the Premier of NSW.

Pursuant to section 44H(9) of the Trade Practices Act 1974, the Premier was deemed to have made a decision not to declare the services, as the Premier did not make a decision on declaration within the 60 day period following receipt of the Council's final recommendation.

Services Sydney sought review of the Premier’s decision by the Australian Competition Tribunal. On 21 December 2005, the Tribunal handed down its decision to set aside the deemed decision of the Premier and to declare the services.

The Council's final recommendation on the matter and public submissions can be downloaded via the relevant tab on the left-hand panel.