57BDeclaration of end of failure

#### 57B Declaration of end of failure 57B Declaration of end of failure > > (1) The Minister may, by order published in the Gazette, declare the end of the failure if— > > > > > (a) arrangements are in place for the essential service subject to a declared failure to be provided by another licensee in place of the last resort provider, or > > > > > (b) the essential service subject to a declared failure is no longer to be provided under this Act, or > > > > > (c) the Minister is satisfied the failure has otherwise been resolved or is about to otherwise be resolved. > > > (2) The order must specify the following— > > > > > (a) the essential service for which the failure is at an end, > > > > > (b) if the service is to continue to be provided under this Act— > > > > > > > (i) the last resort provider who is to be replaced, and > > > > > > > (ii) the licensee who is to replace the last resort provider (the new licensee), > > > > > (c) if the service is to be replaced by a service provided under a public water utility’s Act—the replacement service and the public water utility that is to provide it, > > > > > (d) the date, or the way of fixing the date, that is to be the end date of the failure, which must not be a date before the date of publication of the order. > > > (3) A single order may relate to more than one essential service and, if it does, this Division applies separately to each essential service to which the order relates. > > > (4) The end date must not be earlier than 6 months after the transfer date unless the last resort provider consents to an earlier end date. > > > (5) In fixing the end date, the Minister must consider the extent to which the last resort provider has been able, or is expected to be able, to recover its costs and expenses from the failed licensee, the registered operator of the operational approval for the essential infrastructure, customers of the essential service or otherwise. > > > (6) The Minister must ensure that a copy of the declaration is given to— > > > > > (a) the registered operator of the operational approval for the essential infrastructure, and > > > > > (b) the last resort provider, and > > > > > (c) the new licensee, and > > > > > (d) the failed licensee, and > > > > > (e) the last resort provider or other providers of the essential service. > > > (7) The Minister must ensure the order is made available on IPART’s website. > > **s 57B:** Ins 2021 No 26, Sch 1\[20\].