New South Wales Consolidated Acts

WATER MANAGEMENT ACT 2000 - SECT 126

126 Cancellation of operating licence

(1) An operating licence may be cancelled by the Governor, but only--

(a) if the irrigation corporation fails or ceases to hold a relevant licence or other authority, or

(b) if the irrigation corporation is, in the opinion of the Minister, in material default in compliance with the operating licence, viewed in terms of the operation of the operating licence as a whole, or

(c) if the irrigation corporation is an externally-administered corporation within the meaning of the Corporations Act 2001 of the Commonwealth, or

(d) if the irrigation corporation has been convicted of a criminal offence that is punishable by a fine of at least $10,000 or, if the corporation were a natural person, imprisonment for 12 months or more, or

(e) in the circumstances set out in section 125 (2).

(2) An operating licence may not be cancelled on the ground referred to in subsection (1) (a) if an appeal against a decision not to renew or to cancel the relevant licence or other authority has been made but not determined or withdrawn.

(3) Subsection (1) (d) does not apply where the offence is unconnected with the functions of the irrigation corporation relating to the supply or drainage of water.