-
Sydney Water Annual Report 2009
Corporate governance: Legal changes
 
The National Greenhouse and Energy Reporting Act 2007 requires companies to report if they emit greenhouse gases above specified quantities for each financial year.
-

In this section:

 

 
-

Contaminated Land Management Act 1997

Major changes to the Act began on 1 July 2009. Key changes include broadening the:

  • powers of the Department of Environment, Climate Change and Water to regulate contaminated land
  • obligations on landowners to notify of contaminated land
  • categories of people considered responsible for contamination.

 

Supreme Court decision

Sydney Water appealed a decision of the NSW Court of Appeal, which held that it owed a duty of care to ensure the installation of a water main 20 years ago did not compromise an existing drainage system. Sydney Water also appealed the Court’s finding that a failure to do so would cause harm to the surrounding area and trees. At the time of publication, the Supreme Court is yet to decide.

 

National Greenhouse and Energy Reporting Act 2007 (NGER Act)

The NGER Act requires companies to register and report if they emit greenhouse gases, produce energy, or use energy at or above specified quantities for each financial year. From 1 July 2008, companies are required to register and report if:

  • they control facilities that emit 25 kilotonnes or more of greenhouse gases
  • they produce/use 100 terajoules or more of energy
  • their corporate group emits 125 kilotonnes or more greenhouse gases or produces/uses 500 terajoules or more of energy.

The threshold for Corporate Group reporting will be reduced in future years.

 

Water Industry Competition Act 2006 and Regulations

Gazetted in August 2008, this regulation enables the licensing of network operators and retail suppliers under the Water Industry Competition Act 2006 and for the declaration of retailers of last resort and their obligations. The legislation means that the private sector can seek to enter the water market within Sydney Water’s area of operations as well as the remainder of NSW.