NSWIn ForceAct
Water Industry Competition Act 2006
10HCancellation of approval in public interest
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#### 10H Cancellation of approval in public interest
10H Cancellation of approval in public interest
> > (1) The Minister may, by written notice to a registered operator of an approval, cancel the approval if the Minister considers the cancellation to be in the public interest.
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> > (2) Another Minister or IPART may make a written recommendation to the Minister that the cancellation of an approval is in the public interest.
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> > (3) The notice must specify whether the cancellation is on the Minister’s own initiative or on the written recommendation of another Minister or IPART.
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> > (4) Cancellation may apply to the whole or a specified part of the water industry infrastructure to which the approval relates.
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> > (5) Cancellation takes effect on the day specified in the notice of cancellation.
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> > (6) In determining when the cancellation is to take effect, the Minister is to consider the public interest and, if the cancellation is on the recommendation of another Minister or IPART, that Minister’s or IPART’s reasons for the recommendation.
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> > (7) The registered operator of an approval may bring proceedings for compensation in the Supreme Court—
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> > > (a) if the cancellation was on the Minister’s own initiative or on the recommendation of IPART—against the Minister, or
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> > > (b) if the cancellation was on the written recommendation of another Minister—against that Minister.
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> > (8) The Supreme Court is to hear the proceedings and determine whether it is just for compensation to be paid to the plaintiff because of the cancellation.
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> > (9) If the Supreme Court determines it is just for compensation to be paid, the Supreme Court must determine the amount of compensation and give judgment accordingly.
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> **s 10H:** Ins 2021 No 26, Sch 1\[4\].