New South Wales Consolidated Acts

WATER INDUSTRY COMPETITION ACT 2006 - SECT 19

19 Cancellation of licences in public interest

(1) The Minister may, by written notice served on the licensee, cancel a licence if the Minister considers the cancellation to be in the public interest.

(2) Cancellation may be:

(a) of the Minister’s own motion, or

(b) on the written recommendation of some other Minister.

(3) Cancellation may be with respect to the whole or any part of the water industry infrastructure to which the licence relates.

(4) Cancellation takes effect on and from the day specified in the notice of cancellation.

(5) In determining when cancellation is to take effect, the Minister is to consider the public interest and, if cancellation arises from the recommendation of some other Minister, that Minister’s reasons for the recommendation.

(6) A licensee whose licence is cancelled under this section may bring proceedings for compensation in the Supreme Court:

(a) if cancellation was of the Minister’s own motion, against the Minister, or

(b) if cancellation was on the written recommendation of some other Minister, against that Minister.

(7) The Supreme Court is to hear the proceedings and determine whether it is just that compensation be paid to the plaintiff by reason of the cancellation.

(8) If the Supreme Court determines that it is just that such a payment be made, the Supreme Court must determine the amount of the payment and give judgment accordingly.