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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.