WATER SUPPLY (SAFETY AND RELIABILITY) ACT 2008 - SECT 262
Spot audits
WATER SUPPLY (SAFETY AND RELIABILITY) ACT 2008 - SECT 262
Spot audits
262 Spot audits
(1) Subsection (2) applies if the regulator is satisfied or reasonably
believes—
(a) the scheme manager, or a recycled water provider or other
declared entity, for a recycled water scheme is not complying, or has not
complied, with the recycled water management plan for the scheme or the
conditions of the plan; or
(b) the approved recycled water management plan
for the scheme is no longer adequate.
(2) The regulator may arrange for a
spot audit report to be prepared about the recycled water management plan.
(3) Before arranging for a spot audit report to be prepared because of the
matter mentioned in subsection (1) (b) , the regulator—
(a) must give a show
cause notice about the proposed spot audit to—
(i) if the recycled water
management plan is for a single-entity recycled water scheme—the recycled
water provider for the scheme; or
(ii) if the recycled water management plan
is for a multiple-entity recycled water scheme—the scheme manager and each
declared entity for the scheme; and
(b) consider all properly made
submissions about the proposed spot audit.
(4) The spot audit report may be
prepared by the regulator or a suitably qualified person appointed by the
regulator.
(5) The spot audit report must be prepared in accordance with the
guidelines, if any, about preparing spot audit reports under this section.
(6) Within 30 business days after the spot audit report is completed, the
regulator must give a copy of the report to—
(a) if the report relates to a
single-entity recycled water scheme—the recycled water provider for the
scheme; or
(b) if the report relates to a multiple-entity recycled water
scheme—the scheme manager for the scheme.
(7) Subsection (8) applies if the
spot audit report states either or both of the following—
(a) the recycled
water management plan for the recycled water scheme is inadequate in a
material particular;
(b) the scheme manager, or recycled water provider or
other declared entity, for the recycled water scheme (the
"responsible entity" ) has not properly carried out the plan to the extent it
applies to the responsible entity.
(8) The regulator must give the
responsible entity an information notice requiring the entity, within the
reasonable period stated in the notice, to—
(a) if subsection (7) (a)
applies—rectify the inadequacy; or
(b) if subsection (7) (b)
applies—properly carry out the plan.
(10) The regulator
may recover an amount equal to the cost of completing the spot audit report
from—
(a) if the report relates to a single-entity recycled water
scheme—the recycled water provider for the scheme; or
(b) if the report
relates to a multiple-entity recycled water scheme—the scheme manager, and
any recycled water providers or other declared entities, for the scheme.
