sec.170JFactors affecting making of recommendation

### sec.170J Factors affecting making of recommendation The authority must recommend a candidate water supply activity be declared by the Minister to be a monopoly water supply activity if the authority is satisfied about all of the water supply criteria in relation to the candidate water supply activity. The authority must recommend that a candidate water supply activity not be declared by the Minister to be a monopoly water supply activity if the authority is not satisfied about all of the water supply criteria in relation to the candidate water supply activity. Despite subsection (1) , the authority may recommend that a candidate water supply activity not be declared by the Minister to be a monopoly water supply activity if the authority considers the request was not made in good faith or is frivolous. Subsection (3) does not apply to a request made by the Minister. Despite subsections (1) and (2) , the authority may recommend that part of a candidate water supply activity be declared by the Minister to be a monopoly water supply activity if the authority is satisfied about all of the water supply criteria for the part of the activity. s 170J ins 2000 No. 15 s 39 amd 2013 No. 39 s 43 sch 1 (sec.170J-ssec.1) The authority must recommend a candidate water supply activity be declared by the Minister to be a monopoly water supply activity if the authority is satisfied about all of the water supply criteria in relation to the candidate water supply activity. (sec.170J-ssec.2) The authority must recommend that a candidate water supply activity not be declared by the Minister to be a monopoly water supply activity if the authority is not satisfied about all of the water supply criteria in relation to the candidate water supply activity. (sec.170J-ssec.3) Despite subsection (1) , the authority may recommend that a candidate water supply activity not be declared by the Minister to be a monopoly water supply activity if the authority considers the request was not made in good faith or is frivolous. (sec.170J-ssec.4) Subsection (3) does not apply to a request made by the Minister. (sec.170J-ssec.5) Despite subsections (1) and (2) , the authority may recommend that part of a candidate water supply activity be declared by the Minister to be a monopoly water supply activity if the authority is satisfied about all of the water supply criteria for the part of the activity.