QLDIn ForceAct
Water Act 2000
sec.194Cancelling licence
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### sec.194 Cancelling licence
The chief executive may cancel a resource operations licence or a distribution operations licence on the following grounds—
the licence holder has not complied with a condition of the licence or a requirement of the holder under this Act;
either of the following has been convicted of an offence against this Act—
the licence holder;
for a distribution operations licence held by the approved nominee of the water infrastructure owner—the owner;
the licence was granted because of a materially false or misleading representation or declaration made, either orally or in writing, by—
the licence holder; or
for a licence mentioned in paragraph (b) (ii) —the owner;
for a licence mentioned in paragraph (b) (ii) —
an application to transfer all or part of the licence has lapsed because the approved nominee has not complied with a requirement under section 189 ; and
the water infrastructure owner has requested cancellation of the licence.
Subsection (1) (a) does not apply if the holder has been convicted under section 813 for the noncompliance.
s 194 (prev s 192) amd 2001 No. 75 s 48
renum 2001 No. 75 s 50
amd 2005 No. 19 s 72 ; 2008 No. 34 s 686
sub 2014 No. 64 ss 67 (1) , 68
(sec.194-ssec.1) The chief executive may cancel a resource operations licence or a distribution operations licence on the following grounds— the licence holder has not complied with a condition of the licence or a requirement of the holder under this Act; either of the following has been convicted of an offence against this Act— the licence holder; for a distribution operations licence held by the approved nominee of the water infrastructure owner—the owner; the licence was granted because of a materially false or misleading representation or declaration made, either orally or in writing, by— the licence holder; or for a licence mentioned in paragraph (b) (ii) —the owner; for a licence mentioned in paragraph (b) (ii) — an application to transfer all or part of the licence has lapsed because the approved nominee has not complied with a requirement under section 189 ; and the water infrastructure owner has requested cancellation of the licence.
(sec.194-ssec.2) Subsection (1) (a) does not apply if the holder has been convicted under section 813 for the noncompliance.
- (a) the licence holder has not complied with a condition of the licence or a requirement of the holder under this Act;
- (b) either of the following has been convicted of an offence against this Act— (i) the licence holder; (ii) for a distribution operations licence held by the approved nominee of the water infrastructure owner—the owner;
- (i) the licence holder;
- (ii) for a distribution operations licence held by the approved nominee of the water infrastructure owner—the owner;
- (c) the licence was granted because of a materially false or misleading representation or declaration made, either orally or in writing, by— (i) the licence holder; or (ii) for a licence mentioned in paragraph (b) (ii) —the owner;
- (i) the licence holder; or
- (ii) for a licence mentioned in paragraph (b) (ii) —the owner;
- (d) for a licence mentioned in paragraph (b) (ii) — (i) an application to transfer all or part of the licence has lapsed because the approved nominee has not complied with a requirement under section 189 ; and (ii) the water infrastructure owner has requested cancellation of the licence.
- (i) an application to transfer all or part of the licence has lapsed because the approved nominee has not complied with a requirement under section 189 ; and
- (ii) the water infrastructure owner has requested cancellation of the licence.
- (i) the licence holder;
- (ii) for a distribution operations licence held by the approved nominee of the water infrastructure owner—the owner;
- (i) the licence holder; or
- (ii) for a licence mentioned in paragraph (b) (ii) —the owner;
- (i) an application to transfer all or part of the licence has lapsed because the approved nominee has not complied with a requirement under section 189 ; and
- (ii) the water infrastructure owner has requested cancellation of the licence.