Page 4287 - Week 13 - Thursday, 27 November 2014

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insert

(d) the fees that apply in relation to auditing, compliance and technical codes.

Clause 57, definition of dam

Page 43, line 5—

substitute

dam—

(a) means an artificial barrier, and incidental or related works, constructed for the storage or control of water, other liquids, or other material within a liquid; but

(b) does not include a concrete and steel ring tank that is reliant on hoop stress for structural stability.

Clause 79

Page 55, line 20—

omit clause 79, substitute

79 Technical regulator may recommend conditions on licence

(1) The technical regulator may recommend that the ICRC vary the licence of a utility service licensed under the Utilities Act 2000 to include a condition (a recommended condition) if satisfied on reasonable grounds that—

(a) the utility service has contravened this Act; or

(b) the recommended condition is necessary to protect public safety or the environment.

Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation or technical code (see Legislation Act, s 104).

(2) A recommended condition may include, but is not limited to—

(a) the giving of a bond; or

(b) making good or rectifying damage to land or property.

Example

a condition to comply with a plan to rectify damage to premises caused by the contravention of a technical code

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(3) Before recommending a condition, the technical regulator must give the utility a written notice (a show cause notice) stating—

(a) that the technical regulator proposes to recommend a condition under this section; and

(b) the details of the proposed recommended condition; and

(c) that the utility may, not later than 20 days after the day the regulated utility is given the show cause notice, give the technical regulator a written submission about the proposed recommended condition.

Note For how documents may be given, see the Legislation Act, pt 19.5.

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