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Water Supply (Safety and Reliability) Act 2008
sec.535Regulator or other person may operate infrastructure for recycled water—regulator’s notice
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### sec.535 Regulator or other person may operate infrastructure for recycled water—regulator’s notice
This section applies if the regulator is satisfied, or reasonably believes—
a scheme manager, or recycled water provider or other declared entity, (the responsible entity ) for a critical recycled water scheme—
has not complied with a compliance notice; or
has stopped, or is likely to stop, supplying recycled water under the scheme; and
that because of exceptional circumstances, it is necessary for the regulator, or another person appointed by the regulator, to operate the responsible entity’s infrastructure for supplying recycled water under the scheme—
to protect public health; or
to ensure the continuity of operation of the recycled water scheme.
The regulator may, on giving notice under this section to the responsible entity—
operate the responsible entity’s infrastructure for producing or supplying recycled water under the scheme; or
appoint another person, who has the necessary experience or qualifications, to operate the infrastructure.
The notice must—
describe the infrastructure; and
state the reasons that the regulator has given the notice; and
state the period for which the regulator or other person may operate the infrastructure.
If the regulator operates the infrastructure under subsection (2) (a) , the regulator may operate the infrastructure for the period—
starting on the day the notice is given to the responsible entity; and
ending on the first of the following days to happen—
the day that is 30 business days after the day the notice is given;
the day an administrator is authorised under section 530 (4) to operate the responsible entity’s infrastructure for supplying recycled water under the critical recycled water scheme.
If, under subsection (2) (b) , the regulator appoints another person to operate the infrastructure—
the regulator must give the responsible entity notice of the appointment; and
the person may operate the infrastructure for the period starting on the day the person is appointed and ending on the first of the following days to happen—
the day that is 30 business days after the day the notice mentioned in subsection (2) is given to the responsible entity;
the day an administrator is authorised under section 530 (4) to operate the responsible entity’s infrastructure for supplying recycled water under the critical recycled water scheme.
(sec.535-ssec.1) This section applies if the regulator is satisfied, or reasonably believes— a scheme manager, or recycled water provider or other declared entity, (the responsible entity ) for a critical recycled water scheme— has not complied with a compliance notice; or has stopped, or is likely to stop, supplying recycled water under the scheme; and that because of exceptional circumstances, it is necessary for the regulator, or another person appointed by the regulator, to operate the responsible entity’s infrastructure for supplying recycled water under the scheme— to protect public health; or to ensure the continuity of operation of the recycled water scheme.
(sec.535-ssec.2) The regulator may, on giving notice under this section to the responsible entity— operate the responsible entity’s infrastructure for producing or supplying recycled water under the scheme; or appoint another person, who has the necessary experience or qualifications, to operate the infrastructure.
(sec.535-ssec.3) The notice must— describe the infrastructure; and state the reasons that the regulator has given the notice; and state the period for which the regulator or other person may operate the infrastructure.
(sec.535-ssec.4) If the regulator operates the infrastructure under subsection (2) (a) , the regulator may operate the infrastructure for the period— starting on the day the notice is given to the responsible entity; and ending on the first of the following days to happen— the day that is 30 business days after the day the notice is given; the day an administrator is authorised under section 530 (4) to operate the responsible entity’s infrastructure for supplying recycled water under the critical recycled water scheme.
(sec.535-ssec.5) If, under subsection (2) (b) , the regulator appoints another person to operate the infrastructure— the regulator must give the responsible entity notice of the appointment; and the person may operate the infrastructure for the period starting on the day the person is appointed and ending on the first of the following days to happen— the day that is 30 business days after the day the notice mentioned in subsection (2) is given to the responsible entity; the day an administrator is authorised under section 530 (4) to operate the responsible entity’s infrastructure for supplying recycled water under the critical recycled water scheme.
- (a) a scheme manager, or recycled water provider or other declared entity, (the responsible entity ) for a critical recycled water scheme— (i) has not complied with a compliance notice; or (ii) has stopped, or is likely to stop, supplying recycled water under the scheme; and
- (i) has not complied with a compliance notice; or
- (ii) has stopped, or is likely to stop, supplying recycled water under the scheme; and
- (b) that because of exceptional circumstances, it is necessary for the regulator, or another person appointed by the regulator, to operate the responsible entity’s infrastructure for supplying recycled water under the scheme— (i) to protect public health; or (ii) to ensure the continuity of operation of the recycled water scheme.
- (i) to protect public health; or
- (ii) to ensure the continuity of operation of the recycled water scheme.
- (i) has not complied with a compliance notice; or
- (ii) has stopped, or is likely to stop, supplying recycled water under the scheme; and
- (i) to protect public health; or
- (ii) to ensure the continuity of operation of the recycled water scheme.
- (a) operate the responsible entity’s infrastructure for producing or supplying recycled water under the scheme; or
- (b) appoint another person, who has the necessary experience or qualifications, to operate the infrastructure.
- (a) describe the infrastructure; and
- (b) state the reasons that the regulator has given the notice; and
- (c) state the period for which the regulator or other person may operate the infrastructure.
- (a) starting on the day the notice is given to the responsible entity; and
- (b) ending on the first of the following days to happen— (i) the day that is 30 business days after the day the notice is given; (ii) the day an administrator is authorised under section 530 (4) to operate the responsible entity’s infrastructure for supplying recycled water under the critical recycled water scheme.
- (i) the day that is 30 business days after the day the notice is given;
- (ii) the day an administrator is authorised under section 530 (4) to operate the responsible entity’s infrastructure for supplying recycled water under the critical recycled water scheme.
- (i) the day that is 30 business days after the day the notice is given;
- (ii) the day an administrator is authorised under section 530 (4) to operate the responsible entity’s infrastructure for supplying recycled water under the critical recycled water scheme.
- (a) the regulator must give the responsible entity notice of the appointment; and
- (b) the person may operate the infrastructure for the period starting on the day the person is appointed and ending on the first of the following days to happen— (i) the day that is 30 business days after the day the notice mentioned in subsection (2) is given to the responsible entity; (ii) the day an administrator is authorised under section 530 (4) to operate the responsible entity’s infrastructure for supplying recycled water under the critical recycled water scheme.
- (i) the day that is 30 business days after the day the notice mentioned in subsection (2) is given to the responsible entity;
- (ii) the day an administrator is authorised under section 530 (4) to operate the responsible entity’s infrastructure for supplying recycled water under the critical recycled water scheme.
- (i) the day that is 30 business days after the day the notice mentioned in subsection (2) is given to the responsible entity;
- (ii) the day an administrator is authorised under section 530 (4) to operate the responsible entity’s infrastructure for supplying recycled water under the critical recycled water scheme.