7DGrant of operational approval

7D Grant of operational approval

7D Grant of operational approval

(1) An operational approval must not be granted unless IPART is satisfied as to each of the following—

(a) the infrastructure has been substantially constructed as authorised by a scheme approval for the infrastructure,

(b) the infrastructure is fit for purpose and is capable of operating—

(i) safely and reliably, and

(ii) in a way consistent with the national safety guidelines for the control of public health risks, and

(iii) in a way that does not present a significant risk of harm to the environment,

(c) there are adequate plans and systems in place to ensure the infrastructure continues to be fit for purpose and operated—

(i) safely and reliably, and

(ii) in a way consistent with the national safety guidelines for the control of public health risks, and

(iii) in a way that does not present a significant risk of harm to the environment,

(d) the infrastructure is capable of operating in compliance with this Act and the regulations, the plans and systems referred to in paragraph (c) and the conditions of the registered operator’s operator licence,

(e) if the infrastructure is or is likely to be essential infrastructure—a last resort provider has been designated for each essential service provider,

(f) the applicant is the registered operator or has entered into an agreement with the registered operator for the operation of the infrastructure,

(g) in relation to a regulated scheme, the applicant—

(i) holds a retailer licence or is a council, or

(ii) has entered into an agreement with a public water utility or an appropriately authorised licensed retailer for the sale of the water or sewerage services provided by the infrastructure,

(h) matters prescribed by the regulations.

(2) In determining an application for an operational approval, IPART must have regard to the following—