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WATER ACT 2007 - SECT 167A

Inspector - General may issue public warning notice

  (1)   The Inspector - General may issue to the public a written notice containing a warning about the conduct of a person if:

  (a)   the Inspector - General reasonably suspects that the conduct may constitute a contravention of:

  (i)   section   34, 35, 58 or 59; or

  (ii)   a provision of Division   3A of Part   2; and

  (b)   the Inspector - General is satisfied that one or more of the following has occurred, is occurring or is likely to occur, as a result of the conduct:

  (i)   injury or damage to human beings;

  (ii)   damage to property;

  (iii)   harm to, or loss of, Basin water resources; and

  (c)   the Inspector - General is satisfied that it is in the public interest to issue the notice.

Note 1:   The power conferred by this subsection may be delegated only to an SES employee or an acting SES employee (see subsection   215W(3)).

Note 2:   No civil proceeding lies against the Inspector - General for loss, damage or injury of any kind suffered by another person as a result of the issue, in good faith, of a notice under this subsection   (see section   215X).

  (2)   A notice issued under subsection   (1) is not a legislative instrument.

  (3)   In this section:

"conduct" includes an act or omission.


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