New South Wales Consolidated Acts

SYDNEY WATER CATCHMENT MANAGEMENT ACT 1998 - SECT 30

30 Cancellation of operating licence

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

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

(b) the SCA:

(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 SCA, either rectified the default or shown cause, to the satisfaction of the Minister, why the operating licence should not be cancelled, or

(c) the SCA 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 SCA were a natural person, penal servitude or imprisonment for 12 months or more.

(2) A notice under section 29 can be regarded also as a notice for the purposes of subsection (1) (b).

(3) If the operating licence is cancelled under this section, the Governor may, by order published in the Gazette, vest in the Crown or a public authority (as specified in the order), from a date specified in the order, the assets and rights of the SCA that are specified in the order and that, in the opinion of the Minister, are necessary to enable the Crown or public authority to exercise such of the functions exercisable (or formerly exercisable) by the SCA as appear to be necessary in the public interest.

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

(a) the Crown or public authority to assume those liabilities of the SCA 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 SCA.