Re Lakes R Us Pty Ltd

Lakes R Us Pty Ltd sought to have water storage and transport services provided by Snowy Hydro and State Water declared as essential services under Part IIIA of the Access Declaration Act. The application was denied by the National Competition Council (NCC) and the Premier of New South Wales. Lakes R Us then sought review of the decision by the Australian Competition Tribunal (the Tribunal). The Tribunal was required to determine whether the Tribunal had jurisdiction to hear Lakes R Us' application for review and, if so, whether the decision of the Minister was legally sound.

The central issue before the Tribunal was whether it had jurisdiction to review the Minister's decision not to declare the services. The Tribunal considered whether the NCC's recommendation and the Minister's decision were subject to review under the Act. The Tribunal concluded that it did have jurisdiction to review the Minister's decision. However, upon reviewing the evidence and submissions, the Tribunal found that the Minister's decision was not legally flawed. The Tribunal noted that the NCC was not satisfied that declaring the services would promote competition in a dependent market or that it would not be contrary to the public interest. The Tribunal was persuaded that the Minister's decision was made in accordance with the statutory criteria.

Accordingly, the Tribunal dismissed Lakes R Us' application for review. The Tribunal concluded that the Minister's decision not to declare the services was legally sound and there was no basis for the Tribunal to intervene. The Tribunal also noted the significant costs and resources that had been expended by all parties in the proceedings. The Tribunal granted Lakes R Us leave to withdraw its application.