51Declaration of monopoly services

51 Declaration of monopoly services

51 Declaration of monopoly services

(1) The Minister may, by order published in the Gazette, declare that a specified water or sewerage service provided or to be provided by means of a scheme is a monopoly service.

(2) The declaration may be limited to apply in relation to—

(a) a specified area, or

(b) a specified class of customers, or

(c) both.

(3) The declaration may only be made in relation to a service if the Minister is satisfied it is a service—

(a) for which there are no other suppliers to provide competition in the part of the market concerned, and

(b) for which there is no contestable market by potential suppliers in the short term in that part of the market.

(4) The declaration must be revoked if the Minister ceases to be satisfied as to the matter referred to in subsection (3)(a).

s 51: Subst 2021 No 26, Sch 1[19].