Paul Marx BA, LLB

Solicitor and Notary

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1 Independent Pricing and Regulatory Tn '-~=--­PO BoxK35 HAYMARKETPOSTSHOP NSW 1240

By Express Post

Dear Sir,

16 February 2015

Review Of The Operating Licence For Sydney Water Corporation - Submission

Please find enclosed by way of a submission to the Tribunal's review referred to above a copy of my letter of today's date to Mr Ken Wiggins, Program Manager, Networks, Sydney Water together with copies of the attachments referred to in that letter.

I advise that I do not want the content of this letter and the various enclosures with it to be confidential.

Yours faithfully,

Paul Marx

Liability limiled by a scheme approved under Professional Slandards Legislarion

Mr Ken Wiggins Program Manager, Networks Sydney Water Corporation PO BOX399 PARRAMATTA N.S.W. 2 124

16 February 2015

Dear Mr Wiggins,

Paul Marx BA, LLB

Solicitor and Notary

Water Pressure Management - Wentworth Falls

LJ COPY

On 17 June 2013 I wrote to you about this matter. A copy of my letter to you of that date is attached for your assistance. By letter dated 3 July 2013 you replied to me and a copy of that letter also is attached for your assistance.

In view of the contents of your letter dated 3 July 2013 (particularly the fmal paragraph of it), I did not take this matter further at that time with either the NSW Fire Brigade nor the Rural Fire Service.

I now have seen an article which was published on 12 February last in "The Sydney Morning Herald' and headed "Under pressure: water woes may lead to injuries, deaths, fire brigade warns". I attach a copy of that article and I draw your attention to the following statements contained in it:

"Low water pressure in parts of Sydney is hindering fire crews trying to fight blazes, increasing the chance of deaths, injuries or property damage, fire authorities warn ......... Fire and Rescue NSW Commissioner Greg Mullins said the new water pressure and flows ' do not appropriately support' firefighting activities, potentially threatening the protection of life and property"

With respect, the remarks attributed by The Sydney Morning Herald to Commissioner Mullins do not seem to be consistent with the imputation contained in your letter to me dated 3 July 2013 (viz "Sydney Water has consulted with the NSW Fire Brigade and other key stakeholders about the implementation of the program") that the NSW Fire Brigade had no concerns regarding the Water Pressure Management Program. That being the case, I would be pleased ifyou now could inform me of the result of

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the consultations by Sydney Water with the NSW Fire Brigade regarding the Water Pressure Management Program generally and the implementation of that program in the Blue Mountains in particular, including Wentworth Falls.

I advise that we still are experiencing substantially reduced water pressure, a fact which is of concern to us in circumstances in which the Rural Fire Service may advise residents in fire-effected areas of the Blue Mountains not to evacuate their houses but remain in situ in an effort to fight the subject fires so as to save property and lives.

I repeat my request in 2013 that Sydney Water revisit its decision regarding pressure management in the Blue Mountains.

I look forward to hearing further from you regarding the matters raised above.

Yours faithfully,

Paul Marx

cc The Chief Executive Officer Independent Pricing and Regulatory Tribunal

Liability limited by a scheme approved under Professional Stondords Legislation

•,}. MEMBER Of \W""•j n n: LAw 30C1t<TY ~ IY!ILWV.A.IT'HKA.I.U

Paul Marx BA, LLB

Solicitor and Notary

Ll COPY

Mr Ken Wiggins Program Manager, Networks Sydney water PO Box 399 Parramatta 2124

17 June 2013

Dear Mr Wiggins,

Water Pressure Management- Wentworth Falls

I reside with my wife at 42 Fletcher Street, Wentworth Falls. My wife is the owner of that property.

Earlier this year my wife received a letter from you dated February 2013 advising that Sydney Water was "undertaking pressure management throughout ifs supply network in Sydney, the Blue Mountains and Illawarra regions."

Subsequent to the receipt of that letter it became apparent that the pressure of the water supplied to the property at 42 Fletcher Street (and, presumably, other properties in the area) had been reduced significantly. As a result, the water pressure to our residence now is inadequate. That is despite the fact that the tap on the meter that controls flow to the property is turned on fully, as are any taps that control flow to our hotwater system and other devices.

Although we obviously are not in the summer months when the demand for water for gardens is much higher, if more than one tap or hose are turned on at the same time there is a substantially reduced water flow.

As you would be aware, Wentworth Falls is located in a bushfire prone area of the Blue Mountains. We are most concerned that the reduced pressure of the water now supplied to our property by Sydney Water could result in serious consequences during the summer months should a number of residents and members of the Rural Fire Service have need to access the water supply to deal with a threat to life and or property caused by a bushfire. Did Sydney Water consult with the Rural Fire Service before taking the action it has in the Blue Mountains?

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It seems from your letter dated February 2013 that one of the main reasons for reducing the water pressure is to "reduce leaks and water main breaks". A more prudent and responsible way of reducing leaks and water main breaks would be to properly maintain and, if necessary, replace ageing infrastructure.

As Sydney Water would be aware, the actions of certain electricity suppliers in Victoria leading up to the catastrophic bushfires in that State, which started on 7 February 2009, have resulted in a number of class actions against those utilities in the Supreme Court of Victoria. With that in mind, I respectfully suggest that Sydney Water urgently addresses its possible liability in respect of loss of life or damage to property which could be caused or contributed to by its decision to reduce water pressure levels in the Blue Mountains.

I would be grateful if Sydney Water would revisit its decision earlier this year regarding pressure management in the Blue Mountains and advise me as a matter or urgency whether or not action will be taken by it to restore previous water pressure levels.

As is apparent from my comments above, the issues here are not just the day-to-day inconvenience resulting from the inadequate pressure of the water now being supplied to our residence by Sydney Water.

I look forward to hearing from you.

Yours faithfully,

Paul Marx

Liability limited by a scheme approved under Professional Standards Legislation 2

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WAT[.R

LJ COPY 3 July 2013

MrPaul Marx

Dear Mr Marx

Water Pressure Management Program

Thank you for your lette_r about the Water Pressure Management Program.

The Water Pressure Management Program contributes towards improving the reliability of our water supply by reducing leaks and saving water.

In addition to the Water Pressure Management Program, Sydney Water also undertakes an extensive water main renewal program of work and has renewed over 640 kilome1res of water reticulation pipes in the past seven years. ·

The NSW Government's Metropolitan Water Plan estimates that pressure management and leakage reduction programs will save 33 billion litres of water a year by 2015.

I can inform you that Sydney Water has fully implemented its pressure reduction program in Wentworth Falls. The reduction meets our Operating License condition, ensuring no less than a minimum pressure of 15 metres head is present at the water main connection point under normal circumstances.

At present your pressure levels are double Sydney Water's minimum operating license requirements.

Sydney Water has consulted wlth the NSW Fire Brigade and other key stakeholders about the implementation of the program. In regards to your concerns about fighting bushfires in your area you may like to contact your local fire brigade .

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2113/2015 Print Article: Under pressure: water woes may lead to injuries, deaths , fire brigade warns

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~ Print this article I 0 Close this window LJ COPY Under pressure: water woes may lead to injuries, deaths, fire brigade warns Nicole Hasham Published: February 12,2015- IO:OOPM

Low water pressure in parts of Sydney is hindering fire crews trying to fight blazes, increasing the chance of deaths, injuries or property damage, fire authorities warn.

In some cases, fire crews have been forced to pump water long distances and Sydney residents and businesses have installed their own emergency water supplies at great cost.

But Sydney Water said the upgrades that Fire and Rescue NSW says are needed to ensure public safety would cost more than $1 billion and drive up water bills.

Sydney Water reduced water pressure in parts of its network two years ago to help prevent leaks and breaks.

But Fire and Rescue NSW Commissioner Greg Mull ins said the new water pressure and flows "do not appropriately support" firefighting activities, potentially threatening the protection of life and property.

The Independent Pricing and Regulatory Tribunal is reviewing Sydney Water's operating licence to 2020.

In a letter to lP ART, Mr Mullins said fire crews are "almost entirely dependent" on the Sydney Water network, and recent changes had left areas where "insufficient pressures and flows are provided" by fire hydrants.

"The implications for the community include possible delays in fire brigade intervention resulting in increased property loss and perhaps injuries and deaths," Mr Mullins wrote.

He said the new operating licence should include "an ongoing community safety obligation" to provide minimum pressure and flows, adding water agencies such as Canberra's ACTEW provide flows recommended by the fire brigade.

Assistant Commissioner Mark Whybro told Fairfax Media that in some cases, crews have been forced to pump water from distant mains or use dams, on-site water tanks and rivers.

He cited examples in the eastern suburbs and northern beaches where residents, developers and businesses have installed expensive on-site water tanks and pumps to provide a firefighting water supply.

"[If] Sydney Water's operating licence does not consider the provision of adequate water for firefighting ... in the future, corporatised or privatised agencies may seek to avoid such responsibilities," he said.

A Sydney Water spokesman said the water pressure program affects about 22 per cent of the network and "only reduced pressure in areas where it was exceptionally high".

He said an initial assessment showed around 90 per cent of Sydney Water's network met FRNSW's requirements, and water was moved around the network during major incidents to ensure adequate supply.

The spokesman said Sydney Water was not solely responsible for fire safety, which also involves "planning controls, building codes, water supply networks, on-site fire systems and response capabilities".

Meeting FRNSW's request would cost more than $1 billion, "increasing customer bills while focus ing on just one aspect of fire safety," he said.

lP ART says the two organisations should enter a deal that incl udes arrangements for Sydney Water to consult with fire authorities. A spokeswoman said the issues raised are "potentially significant, but further investigation is requi red".

hnp://www.smh.com.aulaction/printArticle?id=66044308 1/2

2/13/2015 Print Article: Under pressure: water woes may lead to injuries, deaths, fire brigade warns

The dr~ft licence has been released for comment before final recommendations are made to the NSW government.

This story was found at: http://www.smh.com.au/nswlunder-pressure-water-woes-may-lead-to-injuries-deaths-fire-brigade-warns-20150212-J3bk44.html

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