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Water Supply (Safety and Reliability) Act 2008
sec.215Application to resume supply
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### sec.215 Application to resume supply
If a recycled water management plan has been suspended under this part, the relevant entity for the recycled water scheme to which the plan relates may apply to the regulator for an approval to resume supply of recycled water under the scheme.
The application must—
be in the approved form; and
be supported by enough information to enable the regulator to decide the application; and
be accompanied by the fee prescribed under a regulation.
Sections 203 and 204 apply to the application—
as if a reference in the sections to the recycled water management plan were a reference to the suspended recycled water management plan; and
as if a reference in the sections to the plan were a reference to the suspended plan.
After considering the application, and any matter the regulator considers relevant to the application, the regulator must as soon as practicable decide—
to approve the application without conditions; or
to approve the application on the condition that—
the validation program for the scheme is undertaken; and
the testing of plant and equipment under the program shows the quality of the scheme’s recycled water consistently meets the water quality criteria for recycled water relevant to the scheme; and
the relevant entity for the scheme gives the regulator evidence, satisfactory to the regulator, of the matter mentioned in subparagraph (ii) ; or
for a recycled water scheme that is a single-entity recycled water scheme—to refuse to approve the application, and direct the recycled water provider for the scheme—
to amend the recycled water management plan for the scheme in the way the regulator considers appropriate; and
apply to the regulator, under this part, for approval of the amended plan; or
for a recycled water scheme that is a multiple-entity recycled water scheme—to refuse to approve the application, and direct—
the scheme manager or a declared entity for the scheme to amend the scheme manager’s scheme manager plan or the entity’s scheme provider plan for the scheme in the way the regulator considers appropriate; and
the scheme manager to apply to the regulator, under this part, for approval of the amended recycled water management plan for the scheme; or
to refuse to approve the application.
Within 10 business days after deciding the application, the regulator must give the relevant entity—
if the decision is to approve the application under subsection (4) (a) —notice of the decision; and
if the decision is to approve the application under subsection (4) (b) , or refuse to approve the application under subsection (4) (c) , (d) or (e) —an information notice for the decision.
The resumption of supply of recycled water under the recycled water scheme is taken to be approved under this section—
if the decision is to approve the application under subsection (4) (a) —when the notice of the decision is given to the relevant entity; or
if the decision is to approve the application under subsection (4) (b) —when the regulator gives the relevant entity a notice stating the regulator is satisfied the testing of plant and equipment under the validation program for the scheme shows the quality of the scheme’s recycled water consistently meets the water quality criteria for recycled water relevant to the scheme; or
if the decision is to refuse to approve the application under subsection (4) (c) or (d) —when the amended recycled water management plan for the scheme has been approved under this part.
Sections 202 (2) , (3) and (4) , and 203 to 208 apply to an application for approval of the amended plan—
as if a reference in the sections to the recycled water management plan were a reference to the amended recycled water management plan; and
as if a reference in the sections to the plan were a reference to the amended plan.
(sec.215-ssec.1) If a recycled water management plan has been suspended under this part, the relevant entity for the recycled water scheme to which the plan relates may apply to the regulator for an approval to resume supply of recycled water under the scheme.
(sec.215-ssec.2) The application must— be in the approved form; and be supported by enough information to enable the regulator to decide the application; and be accompanied by the fee prescribed under a regulation.
(sec.215-ssec.3) Sections 203 and 204 apply to the application— as if a reference in the sections to the recycled water management plan were a reference to the suspended recycled water management plan; and as if a reference in the sections to the plan were a reference to the suspended plan.
(sec.215-ssec.4) After considering the application, and any matter the regulator considers relevant to the application, the regulator must as soon as practicable decide— to approve the application without conditions; or to approve the application on the condition that— the validation program for the scheme is undertaken; and the testing of plant and equipment under the program shows the quality of the scheme’s recycled water consistently meets the water quality criteria for recycled water relevant to the scheme; and the relevant entity for the scheme gives the regulator evidence, satisfactory to the regulator, of the matter mentioned in subparagraph (ii) ; or for a recycled water scheme that is a single-entity recycled water scheme—to refuse to approve the application, and direct the recycled water provider for the scheme— to amend the recycled water management plan for the scheme in the way the regulator considers appropriate; and apply to the regulator, under this part, for approval of the amended plan; or for a recycled water scheme that is a multiple-entity recycled water scheme—to refuse to approve the application, and direct— the scheme manager or a declared entity for the scheme to amend the scheme manager’s scheme manager plan or the entity’s scheme provider plan for the scheme in the way the regulator considers appropriate; and the scheme manager to apply to the regulator, under this part, for approval of the amended recycled water management plan for the scheme; or to refuse to approve the application.
(sec.215-ssec.5) Within 10 business days after deciding the application, the regulator must give the relevant entity— if the decision is to approve the application under subsection (4) (a) —notice of the decision; and if the decision is to approve the application under subsection (4) (b) , or refuse to approve the application under subsection (4) (c) , (d) or (e) —an information notice for the decision.
(sec.215-ssec.6) The resumption of supply of recycled water under the recycled water scheme is taken to be approved under this section— if the decision is to approve the application under subsection (4) (a) —when the notice of the decision is given to the relevant entity; or if the decision is to approve the application under subsection (4) (b) —when the regulator gives the relevant entity a notice stating the regulator is satisfied the testing of plant and equipment under the validation program for the scheme shows the quality of the scheme’s recycled water consistently meets the water quality criteria for recycled water relevant to the scheme; or if the decision is to refuse to approve the application under subsection (4) (c) or (d) —when the amended recycled water management plan for the scheme has been approved under this part.
(sec.215-ssec.7) Sections 202 (2) , (3) and (4) , and 203 to 208 apply to an application for approval of the amended plan— as if a reference in the sections to the recycled water management plan were a reference to the amended recycled water management plan; and as if a reference in the sections to the plan were a reference to the amended plan.
- (a) be in the approved form; and
- (b) be supported by enough information to enable the regulator to decide the application; and
- (c) be accompanied by the fee prescribed under a regulation.
- (a) as if a reference in the sections to the recycled water management plan were a reference to the suspended recycled water management plan; and
- (b) as if a reference in the sections to the plan were a reference to the suspended plan.
- (a) to approve the application without conditions; or
- (b) to approve the application on the condition that— (i) the validation program for the scheme is undertaken; and (ii) the testing of plant and equipment under the program shows the quality of the scheme’s recycled water consistently meets the water quality criteria for recycled water relevant to the scheme; and (iii) the relevant entity for the scheme gives the regulator evidence, satisfactory to the regulator, of the matter mentioned in subparagraph (ii) ; or
- (i) the validation program for the scheme is undertaken; and
- (ii) the testing of plant and equipment under the program shows the quality of the scheme’s recycled water consistently meets the water quality criteria for recycled water relevant to the scheme; and
- (iii) the relevant entity for the scheme gives the regulator evidence, satisfactory to the regulator, of the matter mentioned in subparagraph (ii) ; or
- (c) for a recycled water scheme that is a single-entity recycled water scheme—to refuse to approve the application, and direct the recycled water provider for the scheme— (i) to amend the recycled water management plan for the scheme in the way the regulator considers appropriate; and (ii) apply to the regulator, under this part, for approval of the amended plan; or
- (i) to amend the recycled water management plan for the scheme in the way the regulator considers appropriate; and
- (ii) apply to the regulator, under this part, for approval of the amended plan; or
- (d) for a recycled water scheme that is a multiple-entity recycled water scheme—to refuse to approve the application, and direct— (i) the scheme manager or a declared entity for the scheme to amend the scheme manager’s scheme manager plan or the entity’s scheme provider plan for the scheme in the way the regulator considers appropriate; and (ii) the scheme manager to apply to the regulator, under this part, for approval of the amended recycled water management plan for the scheme; or
- (i) the scheme manager or a declared entity for the scheme to amend the scheme manager’s scheme manager plan or the entity’s scheme provider plan for the scheme in the way the regulator considers appropriate; and
- (ii) the scheme manager to apply to the regulator, under this part, for approval of the amended recycled water management plan for the scheme; or
- (e) to refuse to approve the application.
- (i) the validation program for the scheme is undertaken; and
- (ii) the testing of plant and equipment under the program shows the quality of the scheme’s recycled water consistently meets the water quality criteria for recycled water relevant to the scheme; and
- (iii) the relevant entity for the scheme gives the regulator evidence, satisfactory to the regulator, of the matter mentioned in subparagraph (ii) ; or
- (i) to amend the recycled water management plan for the scheme in the way the regulator considers appropriate; and
- (ii) apply to the regulator, under this part, for approval of the amended plan; or
- (i) the scheme manager or a declared entity for the scheme to amend the scheme manager’s scheme manager plan or the entity’s scheme provider plan for the scheme in the way the regulator considers appropriate; and
- (ii) the scheme manager to apply to the regulator, under this part, for approval of the amended recycled water management plan for the scheme; or
- (a) if the decision is to approve the application under subsection (4) (a) —notice of the decision; and
- (b) if the decision is to approve the application under subsection (4) (b) , or refuse to approve the application under subsection (4) (c) , (d) or (e) —an information notice for the decision.
- (a) if the decision is to approve the application under subsection (4) (a) —when the notice of the decision is given to the relevant entity; or
- (b) if the decision is to approve the application under subsection (4) (b) —when the regulator gives the relevant entity a notice stating the regulator is satisfied the testing of plant and equipment under the validation program for the scheme shows the quality of the scheme’s recycled water consistently meets the water quality criteria for recycled water relevant to the scheme; or
- (c) if the decision is to refuse to approve the application under subsection (4) (c) or (d) —when the amended recycled water management plan for the scheme has been approved under this part.
- (a) as if a reference in the sections to the recycled water management plan were a reference to the amended recycled water management plan; and
- (b) as if a reference in the sections to the plan were a reference to the amended plan.