Water and Sewerage Industry Act 2008

The Regulator, after receiving an application under section 56ZU(6) in relation to a transitional consent, is to determine the terms and conditions of the consent.

The Regulator is to – take all reasonable steps to make a determination under subsection (1) in relation to a transitional consent within 12 months after having received an application in relation to the consent under section 56ZU(6); and comply with the prescribed procedures, if any, in relation to the making of a determination under subsection (1); and have regard to the prescribed matters, if any, before making a determination under subsection (1).

Despite section 20 of the Miscellaneous Amendments Act, the terms and conditions determined under subsection (1) in relation to a transitional consent are to be taken to be the terms and conditions of – the transitional consent; and the special plumbing permit or trade waste agreement, if any, that is the transitional consent – on and from the date specified in the determination as the date on and from which the terms and conditions are to be in force, until the consent ceases to be in force.

Nothing in subsection (3) affects the application of section 56ZU(1) to a transitional consent.

The Regulator may issue a notice (a reimbursement notice) to a regulated entity, or a person, to whom a transitional consent relates, if the terms and conditions of the consent have been determined under subsection (1).

A reimbursement notice in relation to a transitional consent is to specify that the regulated entity, or the person, to whom the notice is issued is required to reimburse to the Regulator the amount specified in the notice.

The amount specified in a reimbursement notice in relation to a transitional consent is to be the amount that the Regulator thinks fit of the costs that have been reasonably incurred by the Regulator in making a determination under subsection (1) in relation to the transitional consent.

The Regulator may, under subsection (5), issue to a regulated entity and a person separate reimbursement notices in relation to a transitional consent, apportioning between the entity and the person all or part of the costs that have been reasonably incurred by the Regulator in making a determination under subsection (1) in relation to the transitional consent.

An amount specified in a reimbursement notice issued to a regulated entity or a person under subsection (5) is a debt due and payable to the Regulator by the entity or person, respectively, before the end of the period of 30 days after the notice is issued.