WATER ACT 2000 - SECT 178 Nomination and approval of entity as distribution operations licence holder

WATER ACT 2000 - SECT 178

178 Nomination and approval of entity as distribution operations licence holder

(1) This section applies if any of the following entities (each a
"nominator" ) gives the chief executive a notice in the approved form nominating an entity (a
"nominee" ) to be the holder of a distribution operations licence—

(a) the water infrastructure owner;

(b) if a water authority is, or is to be, dissolved and converted under chapter 4 , part 7 , to 1 or more entities that are alternative institutional structures—the entity in whom is vested, on the changeover day, the water infrastructure to which the licence is to apply;

(c) if the nominee is applying for the licence under section 181 and paragraph (b) does not apply—the entity that is to be the owner of the water infrastructure to which the licence is to apply if and from when the licence is granted;

(d) if an application has been made to transfer the licence to the nominee under section 187 and paragraph (b) does not apply—the entity that is to be the owner of the water infrastructure to which the licence is to apply if and from when the licence is transferred.

(2) The chief executive may approve the nominee to be the holder of the licence only if—

(a) the chief executive is satisfied the nominee—

(i) is a suitable entity to hold the licence; and

(ii) can carry out the activities authorised, or to be authorised, under the licence; and

(iii) can comply with the conditions, or proposed conditions, of the licence; and

(b) at least 1 of the following applies—

(i) the nominator holds the licence and has carried out the activities authorised under the licence in compliance with the conditions of the licence;

(ii) the chief executive is satisfied paragraph (a) (i) , (ii) and (iii) applies to the nominator;

(iii) the chief executive is satisfied that, if the nominee were to cease to be the licence holder, the nominator could within a reasonable period nominate another nominee to hold the licence.

(3) However—

(a) the approval of the nominee of a nominator mentioned in subsection (1) (c) ends if the application to grant the licence is refused; and

(b) the approval of the nominee of a nominator mentioned in subsection (1) (d) ends if the application to transfer the licence lapses or is refused.

(4) In this section—


"changeover day" , for dissolution of a water authority, means the day the water authority is dissolved under chapter 4 , part 7 , division 1 .