New South Wales Consolidated Acts

WATER INDUSTRY COMPETITION ACT 2006 - SECT 10

10 Determination of applications

(1) The Minister may determine an application for a licence by granting a licence or by refusing the application.

(2) The Minister must consider, but is not bound to accept, any advice or recommendation in IPART’s report on the application and may, if circumstances so require, seek further advice from IPART in relation to the application.

(3) A licence may not be granted to:

(a) a disqualified corporation, or

(b) a corporation that is a related entity (within the meaning of the Corporations Act 2001 of the Commonwealth) of a disqualified corporation, but only if the disqualified corporation would have a direct or indirect interest in, or influence on, the carrying out of the activities that the licence would authorise if granted.

(4) A licence may not be granted unless the Minister is satisfied as to each of the following:

(a) that the applicant has, and will continue to have, the capacity (including technical, financial and organisational capacity) to carry out the activities that the licence (if granted) would authorise,

(b) that the applicant has the capacity to carry out those activities in a manner that does not present a risk to public health,

(c) that the applicant has made, and will continue to maintain, appropriate arrangements with respect to insurance,

(d) in the case of an application for a licence to supply water, that, if such a licence is granted, sufficient quantities of the water supplied by the licensee will have been obtained otherwise than from a public water utility,

(e) such matters as are prescribed by the regulations,

(f) such other matters as the Minister considers relevant, having regard to the public interest.

(5) On making a decision under this section, the Minister must cause notice of the decision, and of the reasons for the decision, to be given to IPART.

(6) On receiving such notice, IPART must cause the information contained in the notice to be made available to the public on IPART’s internet website.