Water NSW Act 2014
19Cancellation of operating licence
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19 Cancellation of operating licence
19 Cancellation of operating licence
(1) An operating licence of Water NSW may be cancelled only in the circumstances specified by this section.
(2) The Governor may cancel an operating licence of Water NSW if Water NSW ceases, otherwise than as authorised by the operating licence, to carry out the functions of Water NSW to which the licence relates in accordance with the operating licence for any reason.
(3) The Governor may cancel any or all of the operating licences of Water NSW if—
(a) Water NSW—
(i) is, in the opinion of the portfolio Minister, in material default in complying with any operating licence, viewed in terms of the operation of the operating licence as a whole, and
(ii) has not, within the time specified by the portfolio Minister in a notice to Water NSW, either rectified the default or shown cause, to the satisfaction of the portfolio Minister, why the operating licence should not be cancelled, or
(b) Water NSW has been convicted on more than 3 occasions within a period of 12 months of offences that are punishable by a fine of at least $10,000 or, if Water NSW were a natural person, imprisonment for 12 months or more.
(4) A notice under section 16 (1) can also be regarded as a notice for the purposes of subsection (3) (a) (ii).
(5) If an operating licence is cancelled under this section, the Governor may, by order published in the Gazette, transfer to the Ministerial Corporation, the State or a public or local authority (as specified in the order), from a date specified in the order, such of the assets and rights of Water NSW that are specified in the order and that, in the opinion of the portfolio Minister, are necessary to enable the Ministerial Corporation, the State or the public or local authority to exercise such of the functions exercisable (or formerly exercisable) by Water NSW as appear to be necessary in the public interest.
(6) An order under this section may provide for—
(a) the Ministerial Corporation, the State or a public or local authority to assume those liabilities of Water NSW that the Governor considers appropriate and specifies in the order, or
(b) the Ministerial Corporation, the State or a public or local authority to pay the whole or any part of the liabilities of Water NSW.