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s 35

Determination of applications by Regulator

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Part 4Regulation of Water and Sewerage Industry
Division 2Licensing of regulated entities
Subdivision 1Licensing

35 Determination of applications by Regulator

The Regulator may determine an application for a licence by granting a licence or by refusing the application.

Before making a determination on an application under subsection (1), the Regulator must, within 10 business days after the receipt of the application, invite submissions on the application from – the Minister; and the Minister administering the Public Health Act 1997; and the Minister administering the Water Management Act 1999; and the Minister administering the Environmental Management and Pollution Control Act 1994; and such other persons as are prescribed by the regulations.

On receipt of an application for a licence, the Regulator is to publish, in daily newspapers published and circulating in Tasmania, a notice of the application that invites submissions on the application from the public.

A notice published under subsection (3) is to include information on how a submission can be made and the timeframes for providing a submission.

The Regulator must determine the application within 60 business days after receiving the application.

A licence may not be granted to a disqualified person.

A licence must not be granted unless the Regulator is satisfied as to each of the following:that the applicant has shown honesty and integrity in previous commercial and other dealings; that the applicant has, and will continue to have, the capacity (including technical, financial and organisational capacity) to carry out the activities that the licence (if granted) would authorise; that the applicant has the capacity to carry out those activities in a manner that appropriately manages the risk to public and environmental health; that the applicant has made, and will maintain, appropriate arrangements in respect of insurance; such matters as the Regulator considers relevant, having regard to the public interest; such other matters as are prescribed by the regulations.

On making a determination under this section, the Regulator must cause notice of the determination, and of the reasons for the determination, to be given to the applicant and the Minister.

The Regulator must cause the information contained in the notice under subsection (8) to be made available to the public on the Regulator's internet website.

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