New South Wales Consolidated Acts

SYDNEY WATER ACT 1994 - SECT 20

20 Cancellation of operating licences

(1) An operating licence may be cancelled by the Governor, but only if:

(a) the Corporation ceases, otherwise than as authorised by the operating licence or as permitted in accordance with an order made under section 10 (2), to do the things referred to in section 14 (1) or any of them in the area of operations for any reason, or

(b) the Corporation:

(i) is, in the opinion of the Minister, in material default in compliance with the 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 Minister in a notice to the Corporation, either rectified the default or shown cause, to the satisfaction of the Minister, why the operating licence should not be cancelled, or

(c) the Corporation is an externally administered corporation within the meaning of the Corporations Act 2001 of the Commonwealth, or

(d) the Corporation has been convicted on more than 3 occasions within a period of 12 months of criminal offences that are punishable by a fine of at least $10,000 or, if the Corporation were a natural person, imprisonment for 12 months or more.

(2) A notice under section 19 can be regarded also as a notice for the purposes of subsection (1) (b).

(3) If an operating licence is cancelled under this section, the Governor may, by order published in the Gazette, vest in the Crown or in another person specified in the order, from the date specified in the order, the assets and rights of the Corporation that are specified in the order and that, in the opinion of the Minister, are necessary to enable the Crown or other person to do immediately the things referred to in section 14 (1), or any of them, for the benefit of existing recipients of the Corporation’s systems and services.

(4) An order under this section may provide for:

(a) the Crown or other person specified in the order to assume those liabilities of the Corporation that the Governor considers appropriate and specifies in the order, or

(b) the Crown to pay the whole or any part of the liabilities of the Corporation.