12Terms and conditions of operating licence

12 Terms and conditions of operating licence

12 Terms and conditions of operating licence

(1) Subject to subsection (2), an operating licence is subject to the terms and conditions determined by the Governor on the recommendation of the portfolio Minister.

(2) The operating licence must include terms or conditions under which Water NSW is required—

(a) in connection with an operating licence that authorises Water NSW to capture, store, release or supply water—

(i) to provide, construct, operate, manage and maintain efficient, co-ordinated and commercially viable systems and services to capture, store, release or supply water, and

(ii) to ensure that the systems and services meet the performance standards specified in the operating licence in relation to water delivery, water quality, service interruptions or any other matters set out in the operating licence, and

(b) in connection with an operating licence that authorises Water NSW to exercise functions with respect to a declared catchment area—to compile indicators of the direct impact of Water NSW’s activities (including, but not limited to, the impact of energy used and waste generated) on the environment so as to provide information about its performance and enable reports to be prepared.

Note.

In the case where Water NSW has been granted more than one operating licence, section 11 (2) also requires each operating licence to specify the functions of Water NSW to which the licence relates and the areas or circumstances (or both) in which those functions may be exercised under the authority of that licence.

(3) The terms and conditions of an operating licence are to make provision for the preparation of operational audits by IPART.

(4) The terms and conditions of an operating licence may confer on Water NSW any specified functions of—

(a) the Minister administering the Water Management Act 2000 under that Act or the Water Act 1912, or

(b) the Ministerial Corporation under any Act or law.

(5) A function is not to be conferred under subsection (4) unless the Minister administering the Water Management Act 2000 or the Premier provides his or her concurrence to the conferral of the function.