8HOperator licence conditions

#### 8H Operator licence conditions 8H Operator licence conditions > > (1) The following conditions are conditions of an operator licence— > > > > > (a) the licensee must comply with the conditions of each approval that applies to water industry infrastructure for which the licensee is the registered operator, > > > > > (b) the licensee must ensure the water industry infrastructure for which the licensee is the registered operator is operated only for the purposes authorised by the relevant approval, > > > > > (c) the licensee must operate water industry infrastructure for which the licensee is the registered operator— > > > > > > > (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 an significant risk of harm to the environment, > > > > > (d) the licensee must have and maintain the capacity, including technical, financial and organisational capacity, to operate all the infrastructure for which the licensee is the registered operator, > > > > > (e) the licensee must give written notice to IPART of a failure by the licensee to maintain technical, financial or organisational capacity as soon as practicable after the failure occurs, > > > > > (f) if the licensee proposes to cease or ceases to operate water industry infrastructure for which the licensee is the registered operator, the licensee must give written notice to IPART of that fact within the period required by the regulations, > > > > > (g) the licensee must establish and maintain privacy policies and practices that lawfully enable customer information to be provided to and used by the following— > > > > > > > (i) a last resort provider in connection with a declared failure or last resort contingency planning, > > > > > > > (ii) another licensee who is substituted as the registered operator for the scheme. > > > > > (h) if the licensee is the registered operator of a regulated scheme, but is not the registered retailer for the scheme, the licensee must— > > > > > > > (i) ensure a water or sewerage service provided by means of the scheme is not sold except by the registered retailer for the scheme or a public water utility, and > > > > > > > (ii) if the water or sewerage service provided by means of the scheme is sold by a registered retailer—maintain and give effect to an agreement with the registered retailer, being an agreement that complies with the requirements of the regulations, if any, for the sale by the registered retailer of the water or sewerage services, > > > > > (i) if the licensee is the registered operator of a scheme, the licensee must, for essential infrastructure, take all reasonable steps to prevent circumstances arising that permit a declaration of a failure of an essential service provider under Part 5, Division 3. > > > (2) Without limiting section 8G, conditions imposed on an operator licence by the regulations or the Minister may require the following— > > > > > (a) the licensee to give and maintain security, in an amount and form determined by the Minister, for compliance with licence conditions, > > > > > (b) the licensee to maintain an appropriate level of insurance, taking into account all the water industry infrastructure operated by the licensee under the licence, > > > > > (c) the licensee to supply to IPART statements that detail the following— > > > > > > > (i) the extent to which the licence, or the provisions of this Act or the regulations, have or have not been complied with, > > > > > > > (ii) the particulars of failures to comply with the licence or provisions, > > > > > > > (iii) the reasons for failures to comply with the licence or provisions, > > > > > > > (iv) actions taken, or to be taken, to prevent a recurrence of the failures or to mitigate the effects of the failures. > > **s 8H:** Ins 2021 No 26, Sch 1\[4\].