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Water Supply (Safety and Reliability) Act 2008
sec.445When regulator may investigate and recover costs
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### sec.445 When regulator may investigate and recover costs
This section applies if the regulator reasonably believes there is a risk to water security or continuity of the supply of a relevant service provider’s water service or sewerage service.
Without limiting section 403 , the regulator may start, or direct an authorised officer to start, an investigation about the provider’s supply of its service.
The regulator must give the provider a copy of any report prepared because of the investigation.
The regulator may decide to require the provider to pay the reasonable costs incurred by the regulator in conducting the investigation.
However, the requirement may only be made if, because of the investigation, the regulator is satisfied there is a risk to water security or continuity of the supply of the provider’s service.
The regulator must give the provider an information notice about the decision that also states the following—
the amount claimed;
a description of the reasonable expenses giving rise to the amount;
that if the provider does not pay the regulator the amount within 30 days after the day the notice is given, the regulator may recover the amount, and any interest payable under subsection (8) , from the provider as a debt.
If the provider does not comply with the requirement, the regulator may recover from the provider the amount claimed, and any interest payable on the amount under subsection (8) , as a debt owing in a court of competent jurisdiction.
The debt bears interest at the rate prescribed under a regulation.
s 445 prev s 445 ins 2009 No. 46 s 143
om 2014 No. 16 s 84
pres s 445 ins 2014 No. 16 s 85
(sec.445-ssec.1) This section applies if the regulator reasonably believes there is a risk to water security or continuity of the supply of a relevant service provider’s water service or sewerage service.
(sec.445-ssec.2) Without limiting section 403 , the regulator may start, or direct an authorised officer to start, an investigation about the provider’s supply of its service.
(sec.445-ssec.3) The regulator must give the provider a copy of any report prepared because of the investigation.
(sec.445-ssec.4) The regulator may decide to require the provider to pay the reasonable costs incurred by the regulator in conducting the investigation.
(sec.445-ssec.5) However, the requirement may only be made if, because of the investigation, the regulator is satisfied there is a risk to water security or continuity of the supply of the provider’s service.
(sec.445-ssec.6) The regulator must give the provider an information notice about the decision that also states the following— the amount claimed; a description of the reasonable expenses giving rise to the amount; that if the provider does not pay the regulator the amount within 30 days after the day the notice is given, the regulator may recover the amount, and any interest payable under subsection (8) , from the provider as a debt.
(sec.445-ssec.7) If the provider does not comply with the requirement, the regulator may recover from the provider the amount claimed, and any interest payable on the amount under subsection (8) , as a debt owing in a court of competent jurisdiction.
(sec.445-ssec.8) The debt bears interest at the rate prescribed under a regulation.
- (a) the amount claimed;
- (b) a description of the reasonable expenses giving rise to the amount;
- (c) that if the provider does not pay the regulator the amount within 30 days after the day the notice is given, the regulator may recover the amount, and any interest payable under subsection (8) , from the provider as a debt.