46Operating certificate—grant

46 Operating certificate—grant (1) The technical regulator must grant an operating certificate if satisfied on reasonable grounds that— (a) for an unlicensed regulated utility providing a regulated utility service—the regulated utility service is being provided in accordance with the following criteria: (i) provision in accordance with this Act;

Operating certificates—unlicensed regulated utilities Division 6.2 (ii) delivery in a safe, reliable and efficient manner; (iii) sufficient consideration of long-term serviceability; (iv) sufficient consideration of design integrity and functionality; (v) safe and reliable operation and maintenance in a manner that protects the following: (A) the public; (B) people working on the regulated utility service; (C) property near the regulated utility service; (D) the environment; or (b) for an unlicensed regulated utility that is proposing to provide a regulated utility service— (i) the proposed service will be a regulated utility service; and (ii) the proposed service can be constructed in such a way that it will operate, in accordance with the criteria in subsection (1) (a). Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation or technical code (see Legislation Act, s 104). (2) If the technical regulator is satisfied on reasonable grounds that an unlicensed regulated utility is providing, or proposing to provide, a regulated utility service that is not covered by a technical code, the technical regulator may— (a) before a technical code is approved—grant an operating certificate on the condition that the unlicensed regulated utility will comply with a technical code after the code is approved; or (b) refuse to grant an operating certificate until after a technical code is approved.

(3) If the approval of a technical code is required as a result of subsection (2)— (a) the technical code is a technical code under part 3 of this Act; and (b) an unlicensed regulated utility that is proposing to provide a regulated utility service is to be taken to be a regulated utility for section 12 (Draft technical codes—proposed by regulated utility) and section 13 (Draft technical codes—consultation). (4) To remove any doubt, the grant of an operating certificate under this section does not authorise the sale of anything produced by the unlicensed regulated utility without an approval, licence or other thing required for the sale under other legislation. Note See s 7 (Other laws not affected).