WATER SUPPLY (SAFETY AND RELIABILITY) ACT 2008 - SECT 534 Regulator or other person may operate infrastructure for drinking water—regulator’s notice

WATER SUPPLY (SAFETY AND RELIABILITY) ACT 2008 - SECT 534

534 Regulator or other person may operate infrastructure for drinking water—regulator’s notice

(1) This section applies if the regulator is satisfied, or reasonably believes—

(a) a drinking water service provider for a drinking water service—

(i) has not complied with a compliance notice; or

(ii) has stopped, or is likely to stop, the drinking water service; and

(b) that because of exceptional circumstances, it is necessary for the regulator, or another person appointed by the regulator, to operate the provider’s infrastructure for the service to protect public health.

(2) The regulator may, on giving notice under this section to the drinking water service provider—

(a) operate the provider’s infrastructure for the drinking water service; or

(b) appoint another person, who has the necessary experience or qualifications, to operate the infrastructure.

(3) The notice must—

(a) describe the infrastructure; and

(b) state the reasons that the regulator has given the notice; and

(c) state the period for which the regulator or other person may operate the infrastructure.

(4) If the regulator operates the infrastructure under subsection (2) (a) , the regulator may operate the infrastructure for the period—

(a) starting on the day the notice is given to the drinking water service provider; and

(b) ending on the first of the following days to happen—

(i) the day that is 30 business days after the day the notice is given;

(ii) the day an administrator is authorised under section 530 to operate the infrastructure for the drinking water service provider’s drinking water service.

(5) If, under subsection (2) (b) , the regulator appoints another person to operate the infrastructure—

(a) the regulator must give the drinking water service provider notice of the appointment; and

(b) the person may operate the infrastructure for the period starting on the day the person is appointed and ending on the first of the following days to happen—

(i) the day that is 30 business days after the day the notice mentioned in subsection (2) is given to the drinking water service provider;

(ii) the day an administrator is authorised under section 530 to operate the infrastructure for the provider’s drinking water service.