47Revocation of approval

47 Revocation of approval

(1)  In this section,

transfer day means the day on which a notice under subsection (2) takes effect.

(2)  Where a responsible water entity –

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

(b) contravenes a condition to which its administration of the plan is subject; or

(c) otherwise fails to discharge its obligations under the plan –

the Minister may, by notice published in the Gazette, revoke the approval for the water entity to administer the plan.

(2A)  [Section 47 Subsection (2A) inserted by No. 56 of 2008, s. 25, Applied:11 Feb 2009] The notice is not a statutory rule.

(3)  The notice may provide for the substitution of the Minister or any suitable water entity as the authority to administer the relevant water management plan, but without otherwise affecting the plan.

(4)  On the revocation, the Minister may recover from the responsible water entity as a debt due to the Crown any expense actually and reasonably incurred by the Minister in –

(a) administering the plan as a result of the failure or contravention; or

(b) making good any damage done by the water entity.

(5)  A notice under subsection (2) may provide that –

(a) the property of the responsible water entity used in the administration of the water management plan vests in any other substituted water entity; and

(b) the functions, powers and obligations of the responsible water entity relating to that administration are transferred to the other water entity; and

(c) any legal proceedings relating to that administration pending immediately before the transfer day and which were instituted by, or against, the responsible water entity may be continued by or against the other water entity; and