Our Role

The Commission regulates the prices and service standards of 20 businesses supplying water, sewerage and related services to residential, industrial and commercial, and irrigation customers throughout Victoria.

The Commission's general regulatory powers are set out in:

  • the Essential Services Commission Act 2001
  • Part 1A of the Water Industry Act 1994 
  • Water Industry Regulatory Order (WIRO) made under section 4D of the Water Industry Act.

The Essential Services Commission Act and relevant water industry legislation set out the Commission's broad objectives, functions and powers in regulating the water industry. In addition to the objectives set out in the Essential Services Commission Act, the Commission must also pursue the following objectives:

  • wherever possible, to ensure that the costs of regulation do not exceed the benefits
  • to ensure that regulatory decision making and regulatory processes have regard to any differences between the operating environments of regulated entities
  • to ensure that regulatory decision making has regard to health, safety, environmental sustainability (including water conservation) and social obligations of regulated entities.

The legislative framework provides the Commission with powers and functions to:

  • make price determinations (section 33 of the ESC Act), also imposing consultation obligations in relation to determinations (section 35 of the ESC Act)
  • regulate standards and conditions of service (section 4E of the Water Industry Act)
  • develop Codes in relation to its functions and powers (section 4F of the Water Industry Act)
  • require regulated businesses to provide information (section 4G of the Water Industry Act).

More detailed requirements of the framework are set out in the WIRO under section 4D of the Water Industry Act, including:

  • the water services that are subject to price and service regulation by the Commission
  • the approach to be taken by the Commission in approving or specifying prices and setting quality standards for water services and in monitoring the performance of businesses
  • procedural requirements and regulatory principles to be adhered to by the Commission in assessing pricing proposals submitted by regulated businesses
  • a role for the Commission in resolving disputes between regulated water businesses in relation to the supply of bulk water services.


Other water-specific regulation

The Water Industry Act 1994 establishes the framework under which the three Melbourne water retailers are licensed and regulated by the Commission, together with the statutory functions, powers and obligations of the licensees.

The Water Act 1989 provides the framework for the allocation and management of the State's water resources, including a bulk water entitlement regime, and sets out the functions, rights and obligations, and governance arrangements of regional urban water authorities and rural water authorities.

The Melbourne Water Corporation Act 1992 establishes Melbourne Water Corporation and details its specific functions, powers and responsibilities, while the Melbourne and Metropolitan Board of Works Act 1958 retains various provisions relating to those functions, powers and responsibilities.