QLDIn ForceAct
Water Act 2000
sec.195Procedure for cancelling licence
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### sec.195 Procedure for cancelling licence
If the chief executive is satisfied a ground exists under section 194 to cancel the licence, the chief executive must—
give a show cause notice about the proposed cancellation to the licence holder; and
for a distribution operations licence held by the approved nominee of the water infrastructure owner—give a copy of the notice to the water infrastructure owner.
If, after considering any properly made submission about the proposed cancellation, the chief executive is still satisfied the licence should be cancelled, the chief executive may cancel the licence.
For appointment of administrator following cancellation of licence, see section 955 .
If the chief executive decides to cancel the licence, the chief executive must, within 10 business days after making the decision, give an information notice about the decision to—
the licence holder; and
for a licence mentioned in subsection (1) (b) —the water infrastructure owner.
The decision takes effect on the later of—
if the applicant does not appeal against the decision—the day the period for appeals ends; or
if the applicant appeals against the decision but withdraws the appeal—the day the appeal is withdrawn; or
if the applicant appeals against the decision and the appeal is dismissed—the day the appeal is decided.
However, if the licence is cancelled because of the conviction of a person for an offence—
the cancellation does not take effect until the later of—
the day the period for appeals against the conviction ends; or
if the appeal is made against the conviction—the day the appeal is finally decided; and
the cancellation has no effect if the conviction is quashed on appeal.
s 195 (prev s 193) renum 2001 No. 75 s 50
sub 2014 No. 64 ss 67 (1) , 68
(sec.195-ssec.1) If the chief executive is satisfied a ground exists under section 194 to cancel the licence, the chief executive must— give a show cause notice about the proposed cancellation to the licence holder; and for a distribution operations licence held by the approved nominee of the water infrastructure owner—give a copy of the notice to the water infrastructure owner.
(sec.195-ssec.2) If, after considering any properly made submission about the proposed cancellation, the chief executive is still satisfied the licence should be cancelled, the chief executive may cancel the licence. For appointment of administrator following cancellation of licence, see section 955 .
(sec.195-ssec.3) If the chief executive decides to cancel the licence, the chief executive must, within 10 business days after making the decision, give an information notice about the decision to— the licence holder; and for a licence mentioned in subsection (1) (b) —the water infrastructure owner.
(sec.195-ssec.4) The decision takes effect on the later of— if the applicant does not appeal against the decision—the day the period for appeals ends; or if the applicant appeals against the decision but withdraws the appeal—the day the appeal is withdrawn; or if the applicant appeals against the decision and the appeal is dismissed—the day the appeal is decided.
(sec.195-ssec.5) However, if the licence is cancelled because of the conviction of a person for an offence— the cancellation does not take effect until the later of— the day the period for appeals against the conviction ends; or if the appeal is made against the conviction—the day the appeal is finally decided; and the cancellation has no effect if the conviction is quashed on appeal. s 195 (prev s 193) renum 2001 No. 75 s 50 sub 2014 No. 64 ss 67 (1) , 68
- (a) give a show cause notice about the proposed cancellation to the licence holder; and
- (b) for a distribution operations licence held by the approved nominee of the water infrastructure owner—give a copy of the notice to the water infrastructure owner.
- (a) the licence holder; and
- (b) for a licence mentioned in subsection (1) (b) —the water infrastructure owner.
- (a) if the applicant does not appeal against the decision—the day the period for appeals ends; or
- (b) if the applicant appeals against the decision but withdraws the appeal—the day the appeal is withdrawn; or
- (c) if the applicant appeals against the decision and the appeal is dismissed—the day the appeal is decided.
- (a) the cancellation does not take effect until the later of— (i) the day the period for appeals against the conviction ends; or (ii) if the appeal is made against the conviction—the day the appeal is finally decided; and
- (i) the day the period for appeals against the conviction ends; or
- (ii) if the appeal is made against the conviction—the day the appeal is finally decided; and
- (b) the cancellation has no effect if the conviction is quashed on appeal.
- (i) the day the period for appeals against the conviction ends; or
- (ii) if the appeal is made against the conviction—the day the appeal is finally decided; and