Improving Schedule of Charges requirements 5-E, 5-F, pricing specific to provide clarity & apply to both 5-I, 5-K, Schedule of Charges transparency infrastructure operators and other entities 7-B requirements set at and customer who determine planning & management high level, leading to engagement charges a lack of clarity in many cases Schedule of charges timing and 5-H, 5-J, publication requirements improved 5K, 6D No transparency on Pass-through charge rule ensures 5-Y, 5-Z how charges are transparency and non-discrimination passed through Operators not All operators required to explain how 6-F required to explain termination fees are calculated termination fee calculations All operators now required to provide a 5-F Prescriptive network statement on how customers can be planning and involved and make inquiries in charging consultation decisions 5-L requirements for Network planning and consultation some operators only requirements (Part 5) repealed Ensuring Rules recognise limited incentives to seek 5-M charge monopoly rents, ongoing regulation of approvals and infrastructure other charges by operators’ determinations states, and focus on pricing outcomes where across customers: Rules require the necessary approval or Costs of large non-member owned determination of operators continue to be scrutinised by infrastructure State regulators charges previously Amended application of price approvals regulated by States under the WCR (Part 6) Improvements to mechanics of how price 5-N to determinations operate under Part 6 the WCR of distributions made 5-S to 5-V ‘Safe harbour’ forms clear; other distributions that discriminate No effective between customers unfairly trigger deterrent for regulatory scrutiny of charges operators to make many distortionary Application of rules governing operator types of distributions distributions (Part 7) include ability for ACCC to exempt application of Part 7 Preventing Limited protection Enhanced non-discrimination rules 5-B to 5-D discriminatory against prohibiting discrimination based on: charging discriminatory holdings or use of tradeable water infrastructure rights (includes existing provision) charges for transformed participation in water markets customers in purpose for which water is used member-owned operators association between water access
Improving pricing transparency and customer engagement Schedule of Charges requirements set at high level, leading to a lack of clarity in many cases Schedule of Charges requirements specific to provide clarity & apply to both infrastructure operators and other entities who determine planning & management charges 5-E, 5-F, 5-I, 5-K, 7-B Schedule of charges timing and publication requirements improved 5-H, 5-J, 5K, 6D No transparency on how charges are passed through Pass-through charge rule ensures transparency and non-discrimination 5-Y, 5-Z Operators not required to explain termination fee calculations All operators required to explain how termination fees are calculated 6-F Prescriptive network planning and consultation requirements for some operators only All operators now required to provide a statement on how customers can be involved and make inquiries in charging decisions Network planning and consultation requirements (Part 5) repealed 5-F 5-L Ensuring charge approvals and determinations where necessary Rules require the approval or determination of infrastructure charges previously regulated by States Rules recognise limited incentives to seek monopoly rents, ongoing regulation of infrastructure operators’ other charges by states, and focus on pricing outcomes across customers: Costs of large non-member owned operators continue to be scrutinised by State regulators Amended application of price approvals under the WCR (Part 6) 5-M Improvements to mechanics of how price determinations operate under Part 6 the WCR 5-N to No effective deterrent for operators to make many distortionary types of distributions ‘Safe harbour’ forms of distributions made clear; other distributions that discriminate between customers unfairly trigger regulatory scrutiny of charges Application of rules governing operator distributions (Part 7) include ability for ACCC to exempt application of Part 7 5-S to 5-V Preventing discriminatory charging Limited protection against discriminatory infrastructure charges for transformed customers in member-owned operators Enhanced non-discrimination rules prohibiting discrimination based on: holdings or use of tradeable water rights (includes existing provision) participation in water markets purpose for which water is used association between water access 5-B to 5-D
2016-01-27%20-%20accc%20review%20of%20the%20water%20charge%20rules%20-%20overview%20of%20the%20draft%20advice%20%28publication%20version%29_0.docx