South Australian Consolidated Regulations

WATER RESOURCES (PENRICE EXEMPTION) REGULATIONS 1997 - REG 7

7—Suspension of exemption

        (1)         Subject to this regulation, the exemption is suspended—

            (a)         if there is a contravention of, or failure to comply with, any provision of the conditions (excluding the conditions in regulation 8(1)(a) and 8(1)(g)) or an agreement that is required by the conditions to be in force; or

            (b)         if an agreement that is required by the conditions to be in force is not in force.

        (2)         A suspension under subregulation (1)(a) commences at the expiration of 14 days after the breach of the conditions or agreement first occurred and continues until—

            (a)         in the case of a breach that can be remedied—the Minister has served on Penrice a notice stating that Penrice has remedied the breach to the satisfaction of the Minister;

            (b)         in the case of a breach that cannot be remedied—the Minister has served notice on Penrice terminating the suspension.

        (3)         A suspension under subregulation (1)(b) commences when the agreement ceases to be in force and continues until the making of a new agreement that satisfies the condition.

        (4)         Where a breach of the conditions or an agreement has occurred, the Minister may serve notice on Penrice under subregulation (2)(a) or (b) before the period of 14 days referred to in that subregulation has expired and, in that event, the exemption will not be suspended in respect of that breach.