New South Wales Consolidated Acts

STATE WATER CORPORATION ACT 2004 - SECT 19

19 Cancellation of operating licence

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

(a) the Corporation ceases, otherwise than as authorised by the operating licence, to carry out its functions in accordance with the operating licence in the area of operations of the Corporation for any reason, or

(b) the Corporation:

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

(c) the Corporation has been convicted on more than 3 occasions within a period of 12 months of 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 16 (1) can be regarded also as a notice for the purposes of subsection (1) (b) (ii).

(3) If the operating licence is cancelled under this section, the Governor may, by order published in the Gazette, transfer to the Ministerial Corporation, the State or a public or local authority (as specified in the order), from a 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 portfolio Minister, are necessary to enable the Ministerial Corporation, the State or the public or local authority to exercise such of the functions exercisable (or formerly exercisable) by the Corporation as appear to be necessary in the public interest.

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

(a) the Ministerial Corporation, the State or a public or local authority to assume those liabilities of the Corporation that the Governor considers appropriate and specifies in the order, or

(b) the Ministerial Corporation, the State or a public or local authority to pay the whole or any part of the liabilities of the Corporation.

(5) Schedule 1 applies to any transfer of assets, rights or liabilities under this section.