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WATER ACT 2007 - SECT 163

Acceptance of undertakings relating to contraventions to which this Part applies

  (1)   This section applies if the appropriate enforcement agency considers that an action taken by, or an omission of, a person constituted a contravention to which this Part applies.

  (2)   The appropriate enforcement agency may accept any of the following undertakings given by the person:

  (a)   a written undertaking that the person will take specified action, in order to comply with the provisions of this Act, the Basin Plan, the regulations, the water charge rules or the water market rules;

  (b)   a written undertaking that the person will refrain from taking specified action in order to comply with the provisions of this Act,   the Basin Plan, the regulations, the water charge rules or the water market rules;

  (c)   a written undertaking that the person will take specified action directed towards ensuring that the person:

  (i)   does not commit a contravention to which this Part applies; or

  (ii)   is unlikely to commit a contravention to which this Part applies;

    in the future;

  (d)   a written undertaking of a kind specified in regulations made for the purposes of this paragraph.

  (3)   The undertaking must be expressed to be an undertaking under this section.

  (4)   The person may withdraw or vary the undertaking at any time, but only with the consent of the appropriate enforcement agency.

  (5)   The appropriate enforcement agency may, by written notice given to the person, cancel the undertaking.

  (6)   The undertaking may be published:

  (a)   on the appropriate enforcement agency's website; and

  (b)   if the appropriate enforcement agency is the Minister--on the Department's website.


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