Suspension of registration
9 Suspension of registration
The Minister may suspend the registration of a person as a drinking water provider if proper cause exists under this section.
There is proper cause for suspending a registration if—
the person has contravened or failed to comply with a condition of registration; or
the person has failed to comply with a requirement relating to a risk management plan under
Part 3 (including as to the implementation of, or compliance with, the requirements set out in a risk management plan); or
the person has failed to ensure that an audit or inspection is conducted in accordance with a requirement under
Part 4Division 2; or
the person has breached, or failed to comply with, a requirement under Part 5Division 1; or
the person has failed to comply with a notice under
Part 7Division 3; or
the person has failed to furnish a report or other form of information of a class prescribed by the regulations for the purposes of this section.
The Minister may, after taking into account the grounds set out in subsection (2), notify a drinking water provider that the Minister considers that the person's registration should be suspended.
A notice under subsection (3) must set out the grounds on which the
Minister is acting under this section.
The drinking water provider may, within 14 days after receiving the notice, lodge with the Minister a written objection (setting out the grounds of objection).
On the receipt of an objection under subsection (5), the Minister must give the drinking water provider a reasonable opportunity to make submissions to the Minister in relation to the matter and must then decide whether or not, in the circumstances of the case, it is appropriate to proceed with the suspension.
If a drinking water provider does not make an objection under subsection (5) or, on an objection, the Minister decides to proceed despite the objection, the Minister may, by written notice served on the drinking water provider, suspend the registration.
A suspension of registration may be of indefinite duration or for a period specified in the notice.
A suspension takes effect when notice of the suspension is served on the drinking water provider or at such later date (if any) specified in the notice.
A person whose registration has been suspended may make application to the Minister for the cancellation of the suspension.
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