s.6Grant of service provider licence
6
Section 6Part 3 — PROVISION OF WATER SUPPLY OR WASTE WATER SERVICES TO THIRD PARTIES

Grant of service provider licence

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A person who has been granted a concession by Cabinet under the Water Laws in respect of a defined geographic area as a sectoral utility shall apply to the Office for the grant of a service provider licence.
Where the Office is satisfied that the Cabinet has granted the concession to the applicant and that the applicant —
has met all preconditions established in the concession required for the grant of the service provider licence;
possesses the financial capacity, industry experience and technical qualifications necessary to perform fully the obligations attached to the licence; and
intends to commence performance of those obligations within a reasonable period of time or consistent with the concession,
the Office shall grant a service provider licence to the applicant.
The Office shall take into account the following matters, when considering an application under subsection (2) —
whether, during the term of any current or prior licence or authorization granted in respect of the Islands or any other jurisdiction, the applicant has complied with all terms, conditions, specifications and requirements of any licence or authorization, order, directive, rule or regulation pertaining to such licence or authorization;
the protection of the environment generally, including plans for the limitation of emissions and discharges into the atmosphere, water or land;
whether any site proposed for the water production and supply or wastewater collection and treatment system and any associated land use is appropriate in all the circumstances;
the efficiency of the proposed systems;
whether the best interests of consumers will be promoted or enhanced; and
whether the security and public interest of the Islands will be preserved and protected.
A service provider licence granted by the Office shall contain such minimum safety, technical and environmental standards as may be established by the Authority under the Water Authority Law (2018 Revision) and such further conditions as the Office considers to be consistent with Government's Policy and best calculated to protect the interests of consumers.

Defined Terms

service provider licencesectoral utility

Cross References

Referenced By