Western Australian Consolidated Acts

WATER SERVICES LICENSING ACT 1995 - SECT 21

21 .         Transitional provision

        (1)         This section applies to every person (an existing operator ) that immediately before the commencement of this Part is doing anything that, after that commencement, is required to be licensed under section 18.

        (2)         An existing operator is to be treated as if the person were the holder of the relevant operating licence — 

            (a)         until the expiry of 120 days after the commencement of this Part; or

            (b)         until — 

                  (i)         the grant of a licence of that kind to the person has been refused; and

                  (ii)         the time for applying under section 44 for a review of the refusal has expired without an application being made or an application has been made but has been unsuccessful,

                whichever happens first.

        (3)         For the purposes of subsection (2)(b)(ii) an application is unsuccessful if it — 

            (a)         results in the refusal referred to in paragraph (b)(i) of that subsection being confirmed; or

            (b)         is withdrawn, discontinued or dismissed.

        [Section 21 amended by No. 55 of 2004 s. 1298.]