126Cancellation of operating licence

#### 126 Cancellation of operating licence 126 Cancellation of operating licence > > (1) An operating licence may be cancelled by the Governor, but only— > > > > > (a) if the irrigation corporation fails or ceases to hold a relevant licence or other authority, or > > > > > (b) if the irrigation corporation is, in the opinion of the Minister, in material default in compliance with the operating licence, viewed in terms of the operation of the operating licence as a whole, or > > > > > (c) if the irrigation corporation is an externally-administered corporation within the meaning of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth, or > > > > > (d) if the irrigation corporation has been convicted of a criminal offence that is punishable by a fine of at least $10,000 or, if the corporation were a natural person, imprisonment for 12 months or more, or > > > > > (e) in the circumstances set out in section 125 (2). > > > (2) An operating licence may not be cancelled on the ground referred to in subsection (1) (a) if an appeal against a decision not to renew or to cancel the relevant licence or other authority has been made but not determined or withdrawn. > > > (3) Subsection (1) (d) does not apply where the offence is unconnected with the functions of the irrigation corporation relating to the supply or drainage of water. > > **s 126:** Am 2001 No 34, Sch 4.71 \[2\].