ACCC issues enforcement guidelines for water rules

The Australian Competition and Consumer Commission has issued guidelines outlining its approach to enforcing the Water Market Rules 2009 and Water Charge (Termination Fees) Rules 2009. The guidelines explain the processes and remedies available to the ACCC to enforce compliance.

The ACCC generally prefers to achieve voluntary compliance with the rules. However, there may be instances where taking enforcement action will be necessary.

“The Water Market and Water Charge (Termination fees) Rules are designed to free up the trade of irrigation water in the Murray-Darling Basin. Compliance with the Rules is vital to achieving this and the ACCC takes its regulatory role seriously,” ACCC Chairman Graeme Samuel said.

“The ACCC intends to use a cooperative approach, including working with irrigation infrastructure operators to achieve compliance. However, when necessary, the ACCC is prepared to use the remedies available to it under the Water Act 2007.”

The rules, which were registered on 22 June 2009, are now in effect. Some rules are subject to a transitional period: for the Water Charge (Termination Fees) Rules 2009 the transition ends on 31 August 2009 and the Water Market Rules 2009 take full effect on 31 December 2009.

A copy of the guidelines will be available on the ACCC website at www.accc.gov.au.