NSWIn ForceAct
Water Industry Competition Act 2006
8BApplying for a licence
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#### 8B Applying for a licence
8B Applying for a licence
> > (1) An application for a licence is to be made to IPART and determined by the Minister.
>
> > (2) On receiving an application for a licence, IPART must—
> >
> > > (a) give a copy of the application to the Minister, and
> >
> > > (b) invite submissions on the application from persons as required by the regulations, and
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> > > (c) invite submissions on the application from the public by notice published on IPART’s website and otherwise as considered appropriate by IPART.
> >
> > Note.
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> > Section 12 imposes requirements for an application and allows an application to be rejected if the requirements are not complied with.
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> > (3) An invitation to make submissions on an application must allow at least 28 days for submissions to be made and must be accompanied by a copy of the application, other than material IPART considers to be confidential, or set out how a copy of the application may be obtained.
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> > (4) After considering an application for a licence and the submissions on the application, IPART is to provide a report on the application to the Minister.
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> > (5) The report must include recommendations regarding the following—
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> > > (a) whether or not a licence should be granted,
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> > > (b) the licence conditions, if any, that should be imposed on the licence.
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> > (6) IPART is not required to notify the applicant about, or give the applicant an opportunity to make submissions about, a report or proposed report to the Minister on an application despite a requirement of the rules of procedural fairness.
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> > (7) Before providing a report on an application to the Minister, IPART may require an application audit to be undertaken.
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> > (8) The Minister must consider, but is not bound to accept, IPART’s report and recommendations and may seek further advice from IPART on an application.
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> **s 8B:** Ins 2021 No 26, Sch 1\[4\].