186Revocation of approval for water entity to administer a water district

186 Revocation of approval for water entity to administer a water district

(1)  Where a water entity –

(a) fails to comply with a requirement to provide the Minister with any information relating to any activity arising from, or for the purpose of, the administration of a water district; or

(b) does or omits to do any act that is a material contravention of a condition to which its administration of the district is subject; or

(c) has contravened this Act and in the Minister's opinion the contravention is so serious as to warrant action under this section –

the Minister may, by notice published in the Gazette and in accordance with this section, revoke the approval for the water entity to administer the district.

(2)  The Minister may serve on the water entity a notice in writing affording the entity an opportunity to show cause within 60 days why the Minister should not take action under this section for revocation of approval.

(3)  The water entity, within the period allowed by the notice, may arrange with the Minister for the making of submissions to the Minister as to why any such action should not be taken and the Minister must consider any submissions so made.

(4)  [Section 186 Subsection (4) amended by No. 56 of 2008, s. 88, Applied:11 Feb 2009] The Minister may, after that period, take action against the water entity as the Minister thinks fit by giving written notice to the entity –

(a) of the revocation of approval for the entity to administer the relevant water district or the variation of the terms on which the approval was granted; or

(b) in the form of a letter of censure.

(5)  A revocation of approval under this section takes effect when the notice is given or on a later date specified in the notice.

(6)  A letter of censure may censure the water entity in respect of any matter arising from the administration of the water district and may include a direction to the entity to rectify within a specified time any matter giving rise to the letter of censure.

(7)  If the direction is not complied with in the specified time, the Minister may, by notice published in the , revoke the approval of the water entity to administer the water district without affording it a further opportunity to be heard.