89CSubstitution of registered operator

#### 89C Substitution of registered operator 89C Substitution of registered operator > > (1) The holder of an operator licence may apply to IPART to be registered as the registered operator for a specified scheme in the place of another registered operator if the water industry infrastructure is of a class that is authorised to be operated under the licence. > > > (2) IPART may grant or refuse the application. > > > (3) In determining an application, IPART must have regard to the following— > > > > > (a) the public interest, > > > > > (b) whether disciplinary action against the licensee is pending or, as a result of disciplinary action against the licensee, the licensee is prohibited from being registered as the registered operator under a further scheme approval, > > > > > (c) whether, in the reasonable suspicion of IPART, a statutory default within the meaning of Part 2, Division 6 has occurred within 2 years before the application was made and the applicant, or a related corporation of the applicant, is the alleged defaulter, > > > > > (d) whether the applicant, or a related corporation of the applicant, has failed to provide a service, or a connection to infrastructure, after granting a certificate of compliance relating to the service or infrastructure, > > > > > (e) whether disciplinary action against the existing registered operator is pending or, as a result of disciplinary action against the existing registered operator, the existing registered operator is prohibited from being registered as the registered operator under a scheme approval, > > > > > (f) whether, in the reasonable suspicion of IPART, a statutory default within the meaning of Part 2, Division 6 has occurred within 2 years before the application was made and the existing registered operator, or a related corporation of the existing registered operator, is the alleged defaulter, > > > > > (g) whether the existing registered operator, or a related corporation of the existing registered operator, has failed to provide a service, or a connection to infrastructure, after granting a certificate of compliance relating to the service or infrastructure. > > > (4) Disciplinary action is pending from the time when notice is given to a person requiring the person to show cause why disciplinary action should not be taken against the person until— > > > > > (a) disciplinary action is taken against the person, or > > > > > (b) the decision is made that disciplinary action will not be taken against the person. > > > (5) IPART must not grant an application under this section if the existing registered operator— > > > > > (a) satisfies IPART that it owns all the water industry infrastructure comprising the scheme to which the scheme approval relates, other than reticulation pipelines, and > > > > > (b) does not consent to the substitution. > > > (6) IPART must not grant an application under this section if the scheme to which the scheme approval relates was constructed and in operation before the substitution of Part 2 by the [Water Industry Competition Amendment Act 2021](/view/pdf/asmade/act-2021-26). > > **s 89C:** Ins 2021 No 26, Sch 1\[72\].