WATER SUPPLY (SAFETY AND RELIABILITY) ACT 2008 - SECT 215
Application to resume supply
WATER SUPPLY (SAFETY AND RELIABILITY) ACT 2008 - SECT 215
Application to resume supply
215 Application to resume supply
(1) If a recycled water management plan has been suspended under this part,
the relevant entity for the recycled water scheme to which the plan relates
may apply to the regulator for an approval to resume supply of recycled water
under the scheme.
(2) The application must—
(a) be in the approved form;
and
(b) be supported by enough information to enable the regulator to decide
the application; and
(c) be accompanied by the fee prescribed under a
regulation.
(a) as if a
reference in the sections to the recycled water management plan were a
reference to the suspended recycled water management plan; and
(b) as if a
reference in the sections to the plan were a reference to the suspended plan.
(4) After considering the application, and any matter the regulator considers
relevant to the application, the regulator must as soon as practicable
decide—
(a) to approve the application without conditions; or
(b) to
approve the application on the condition that—
(i) the validation program
for the scheme is undertaken; and
(ii) the testing of plant and equipment
under the program shows the quality of the scheme’s recycled water
consistently meets the water quality criteria for recycled water relevant to
the scheme; and
(iii) the relevant entity for the scheme gives the regulator
evidence, satisfactory to the regulator, of the matter mentioned in
subparagraph (ii) ; or
(c) for a recycled water scheme that is a
single-entity recycled water scheme—to refuse to approve the application,
and direct the recycled water provider for the scheme—
(i) to amend the
recycled water management plan for the scheme in the way the regulator
considers appropriate; and
(ii) apply to the regulator, under this part, for
approval of the amended plan; or
(d) for a recycled water scheme that is a
multiple-entity recycled water scheme—to refuse to approve the application,
and direct—
(i) the scheme manager or a declared entity for the scheme to
amend the scheme manager’s scheme manager plan or the entity’s scheme
provider plan for the scheme in the way the regulator considers appropriate;
and
(ii) the scheme manager to apply to the regulator, under this part, for
approval of the amended recycled water management plan for the scheme; or
(e)
to refuse to approve the application.
(5) Within 10 business days after
deciding the application, the regulator must give the relevant entity—
(a)
if the decision is to approve the application under subsection (4) (a)
—notice of the decision; and
(b) if the decision is to approve the
application under subsection (4) (b) , or refuse to approve the application
under subsection (4) (c) , (d) or (e) —an information notice for the
decision.
(6) The resumption of supply of recycled water under the recycled
water scheme is taken to be approved under this section—
(a) if the decision
is to approve the application under subsection (4) (a) —when the notice of
the decision is given to the relevant entity; or
(b) if the decision is to
approve the application under subsection (4) (b) —when the regulator gives
the relevant entity a notice stating the regulator is satisfied the testing of
plant and equipment under the validation program for the scheme shows the
quality of the scheme’s recycled water consistently meets the water quality
criteria for recycled water relevant to the scheme; or
(c) if the decision is
to refuse to approve the application under subsection (4) (c) or (d) —when
the amended recycled water management plan for the scheme has been approved
under this part.
(7) Sections 202(2) , (3) and (4) , and 203 to 208 apply to
an application for approval of the amended plan—
(a) as if a reference in
the sections to the recycled water management plan were a reference to the
amended recycled water management plan; and
(b) as if a reference in the
sections to the plan were a reference to the amended plan.
