NSWIn ForceAct
Water Industry Competition Act 2006
8GLicence conditions—imposition, variation and revocation
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#### 8G Licence conditions—imposition, variation and revocation
8G Licence conditions—imposition, variation and revocation
> > (1) A licence is subject to the following conditions—
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> > > (a) conditions imposed by this Act,
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> > > (b) conditions imposed by the regulations,
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> > > (c) conditions imposed by the Minister on the grant of the licence or subsequently under this Act.
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> > 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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> > (2) The Minister may, by written notice to a licensee, impose further conditions on, or vary or revoke conditions of, the licence, other than conditions imposed by this Act or the regulations—
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> > > (a) on the application of the licensee, or
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> > > (b) on the recommendation of IPART, or
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> > > (c) on the Minister’s own initiative.
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> > Note.
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> > Section 5A also requires the decision-maker to have regard to the objects of this Act and other additional objects when considering whether or not a licence is to be granted or varied under this Part and what conditions are to be imposed on a licence.
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> > (3) Nothing in Part 3 limits the power of the Minister to impose licence conditions.
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> > (4) If the Minister proposes to impose further conditions on, or vary or revoke conditions of, a licence on the recommendation of IPART or on the Minister’s own initiative, the Minister must—
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> > > (a) give written notice of the proposal to the licensee specifying the reasons for it, and
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> > > (b) allow the licensee at least 14 days within which to make submissions to the Minister about the proposal.
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> > (5) If the Minister considers it is appropriate to invite submissions on a proposal or application to impose further licence conditions or vary or revoke licence conditions because of the importance or effect of the conditions, IPART must, at the request of the Minister, invite submissions on the proposal or application as if it were an application for a licence.
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> > (6) An application by a licensee to impose further licence conditions or vary or revoke licence conditions is to be made to IPART and determined by the Minister.
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> > (7) After considering an application by a licensee to impose further licence conditions or vary or revoke licence conditions, IPART is to provide a report on the application to the Minister.
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> > (8) Before providing a report to the Minister on an application by the licensee to impose further licence conditions or vary or revoke licence conditions, IPART may require an application audit to be undertaken.
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> > (9) Regulations that impose licence conditions or vary or revoke licence conditions imposed by the regulations apply, subject to the expression of a contrary intention, to licences whether granted before or after the regulations are made.
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> **s 8G:** Ins 2021 No 26, Sch 1\[4\].