sec.99BRAKPower to amend

### sec.99BRAK Power to amend This section applies if the holder of a water approval asks the distributor-retailer, in the way stated in its connections policy, to amend a water approval condition of the approval. The distributor-retailer must decide to— approve the request, with or without conditions; or refuse the request. Division 1 , other than section 99BRAI , applies to the decision, with any necessary changes, as if a reference in the division to an application were a reference to an application for the amendment. The distributor-retailer must give the applicant notice (an amendment notice ) of the decision about the condition stating the following— the day the decision was made; whether the request is approved or refused; if the request is refused, the reasons for refusal; the applicant’s rights of internal review and appeal. If the condition is amended under this section— the condition as amended, and any conditions imposed under subsection (2) (a) , take effect when the amendment notice is given to the applicant; and any conditions imposed under subsection (2) (a) are taken to be water approval conditions of the water approval; and the distributor-retailer may give the applicant an infrastructure charges notice under part 7 , division 3 , subdivision 3 if the notice relates to the amended condition. If an infrastructure charges notice is given under subsection (5) (c) for a water approval, the notice replaces any existing infrastructure charges notice in effect for the approval. To avoid any doubt, it is declared that despite an amendment to a condition of a water approval— the water approval continues in effect; and a condition amended under this section is a water approval condition. s 99BRAK ins 2014 No. 16 s 21 amd 2014 No. 36 s 26 ; 2014 No. 64 s 51B (sec.99BRAK-ssec.1) This section applies if the holder of a water approval asks the distributor-retailer, in the way stated in its connections policy, to amend a water approval condition of the approval. (sec.99BRAK-ssec.2) The distributor-retailer must decide to— approve the request, with or without conditions; or refuse the request. (sec.99BRAK-ssec.3) Division 1 , other than section 99BRAI , applies to the decision, with any necessary changes, as if a reference in the division to an application were a reference to an application for the amendment. (sec.99BRAK-ssec.4) The distributor-retailer must give the applicant notice (an amendment notice ) of the decision about the condition stating the following— the day the decision was made; whether the request is approved or refused; if the request is refused, the reasons for refusal; the applicant’s rights of internal review and appeal. (sec.99BRAK-ssec.5) If the condition is amended under this section— the condition as amended, and any conditions imposed under subsection (2) (a) , take effect when the amendment notice is given to the applicant; and any conditions imposed under subsection (2) (a) are taken to be water approval conditions of the water approval; and the distributor-retailer may give the applicant an infrastructure charges notice under part 7 , division 3 , subdivision 3 if the notice relates to the amended condition. (sec.99BRAK-ssec.5A) If an infrastructure charges notice is given under subsection (5) (c) for a water approval, the notice replaces any existing infrastructure charges notice in effect for the approval. (sec.99BRAK-ssec.6) To avoid any doubt, it is declared that despite an amendment to a condition of a water approval— the water approval continues in effect; and a condition amended under this section is a water approval condition. - (a) approve the request, with or without conditions; or - (b) refuse the request. - (a) the day the decision was made; - (b) whether the request is approved or refused; - (c) if the request is refused, the reasons for refusal; - (d) the applicant’s rights of internal review and appeal. - (a) the condition as amended, and any conditions imposed under subsection (2) (a) , take effect when the amendment notice is given to the applicant; and - (b) any conditions imposed under subsection (2) (a) are taken to be water approval conditions of the water approval; and - (c) the distributor-retailer may give the applicant an infrastructure charges notice under part 7 , division 3 , subdivision 3 if the notice relates to the amended condition. - (a) the water approval continues in effect; and - (b) a condition amended under this section is a water approval condition.