The Water and Sewerage Industry Act 2008 ("the Industry Act") gives the Regulator the responsibility for administering the licensing system for water infrastructure and sewerage infrastructure used for the provision of water or sewerage services and the provision of those water or sewerage services. The Regulator has the authority to consider and determine water and sewerage licence applications, and can refuse or issue water and sewerage licences. The Act outlines the matters that the Regulator may consider in deciding whether to grant a water and sewerage licence. The Regulator's jurisdiction does not include local government, planning or environmental issues.
The Minister may, by order, exempt a person, an activity or a class of activities from any provision of the Industry Act subject to any conditions that the Minister determines. The Minister may also, by order, temporarily exempt a person who provides a regulated service from the requirement to hold a licence or comply with any other provision of the Industry Act.
The Minister issued an Exemption Order and a Declaration Order in 2011. The adjustments are effected by Ministerial orders made under the Industry Act.