New South Wales Consolidated Acts

STATE WATER CORPORATION ACT 2004 - SECT 12

12 Terms and conditions of operating licence

(1) The operating licence is subject to the terms and conditions determined by the Governor, on the recommendation of the portfolio Minister, but must include terms or conditions under which the Corporation is required:

(a) to provide, construct, operate, manage and maintain efficient, co-ordinated and commercially viable systems and services to capture, store and release water, and

(b) to ensure that the systems and services meet the performance standards specified in the operating licence in relation to water delivery and any other applicable requirements set out in the operating licence.

(2) The terms and conditions of the operating licence are to make provision for the preparation of operational audits by the Tribunal.

(3) The terms and conditions of the operating licence may confer on the Corporation any specified functions of:

(a) the Minister administering the Water Management Act 2000 under that Act or the Water Act 1912 , or

(b) the Ministerial Corporation under any Act or law.

(4) A function is not to be conferred under subsection (3) unless the Minister administering the Water Management Act 2000 or the Premier provides his or her concurrence to the conferral of the function.

(5) A function of the Minister referred to in subsection (3) (a) or of the Ministerial Corporation conferred on the Corporation under subsection (3) may also be exercised by the Minister or the Ministerial Corporation (as the case requires) despite that conferral. However, a function may be conferred exclusively on the Corporation if the Minister administering the Water Management Act 2000 or the Premier provides his or her concurrence to the exclusive conferral of the function.

(6) The conferral of functions under subsection (3) has effect according to its tenor.