WATER SUPPLY (SAFETY AND RELIABILITY) ACT 2008 - SECT 211
Amendment of recycled water management plan for multiple-entity recycled water scheme—requirement of regulator
WATER SUPPLY (SAFETY AND RELIABILITY) ACT 2008 - SECT 211
Amendment of recycled water management plan for multiple-entity recycled water scheme—requirement of regulator
211 Amendment of recycled water management plan for multiple-entity recycled
water scheme—requirement of regulator
(1) The regulator may, under this section, require a scheme manager or a
declared entity for a multiple-entity recycled water scheme to amend the
manager’s scheme manager plan or the entity’s scheme provider plan for the
scheme if the regulator is satisfied the amendment is required—
(a) if the
scheme is a critical recycled water scheme—
(i) to protect public health; or
(ii) to ensure the continuity of operation of the scheme; or
(b)
otherwise—to protect public health.
(2) Before requiring the scheme manager
or declared entity to amend the scheme manager plan or scheme provider plan,
the regulator must—
(a) give the manager or entity a show cause notice about
the proposed amendment; and
(b) give a copy of the show cause notice to—
(i) for an amendment to a scheme manager plan—each declared entity for the
scheme; and
(ii) for an amendment to a scheme provider plan—the scheme
manager for the scheme and any other declared entity for the scheme.
(3) If,
after considering all properly made submissions about the proposed amendment,
the regulator decides the proposed amendment should be made, the regulator
must—
(a) give the scheme manager or declared entity a notice requiring the
manager or entity to amend the manager’s or entity’s scheme manager plan
or scheme provider plan in the way stated in the notice; and
(b) give the
scheme manager or declared entity, and any other entity that gave the
regulator a properly made submission about the amendment, an information
notice for the decision.
(4) The scheme manager or declared entity must
comply with the notice mentioned in subsection (3) (a) .
Penalty—
Maximum penalty—1,665 penalty units.
(5) If a scheme manager plan or
scheme provider plan for a multiple-entity recycled water scheme is amended as
required under this section, the scheme manager for the scheme must as soon as
practicable give the regulator a copy of the amended recycled water management
plan for the scheme.
Penalty—
Maximum penalty—200 penalty units.
Note—
A recycled water management plan for a multiple-entity recycled water
scheme consists of the scheme manager plan, and each scheme provider plan, for
the scheme.
(6) If the regulator is satisfied the recycled water management
plan has been amended in the way stated in the notice mentioned in subsection
(3) (a) —
(a) the plan as amended is taken to be the approved plan; and
(b)
the regulator must give the scheme manager for the recycled water scheme to
which the plan relates notice that the plan as amended is taken to be the
approved plan.
(7) The amended recycled water management plan takes effect
from the day the notice mentioned in subsection (6) (b) is given to the scheme
manager.
(8) If, after considering all properly made submissions about the
proposed amendment, the regulator decides the proposed amendment should not be
made, the regulator must give the scheme manager and each declared entity for
the scheme notice that the plan need not be amended.