Water Services Act 2007

87.

Appeals in relation to sections 81, 83, 84 and 85 .

87.— (1) The applicant for, or the holder of, a water services licence under section 81, may, within one month of the date of a notification under section 86 appeal to the District Court any one or more of the following actions by a water services authority:

(a) refusal of an application for the grant of the licence;

(b) the attachment of conditions or additional conditions to the licence;

(c) the amendment, addition or deletion of any condition attached to the licence;

(d) the transfer of or refusal to transfer the licence; or

(e) the revocation of the licence.

(2) On the hearing of an appeal under subsection (1), the District Court may make an order giving such directions to the water services authority concerned as the Court thinks proper in relation to the actions of the water services authority referred to in subsection (1).

(3) The grant of a licence, or any act of a water services authority referred to in subsection (1), shall have effect—

(a) in case an appeal is not made under subsection (1), on the expiration of the period referred to in that subsection,

(b) in case an appeal is brought against it and the determination of the appeal does not set the act aside, upon and in accordance with such determination,

(c) in case an appeal is brought against it and the appeal is withdrawn, upon withdrawal of the appeal or on the expiration of the period referred to in subsection (1), whichever is the later.

(4) Subject to the outcome of any appeal which may be made under this section, and without prejudice to the powers of a water services authority to bring separate proceedings in respect of the contravention of a provision of this Chapter, a water services authority may apply to the District Court for an order to close down any water service which is being provided without, or in contravention of, a water services licence granted under this Chapter.