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WATER ACT 1989 - SECT 151

Notice of contravention[31]

S. 151(1) amended by No. 48/2021 s. 91(1).

    (1)     An Authority may, by notice in writing to a person whom the Authority reasonably believes has contravened—

        (a)     this Act, the regulations or the Authority's by-laws; or

        (b)     a requirement made by the Authority under this Act; or

        (c)     a condition of a licence issued under this Act; or

S. 151(1)(d) amended by No. 5/2002 s. 50.

        (d)     a prescription of an approved management plan for a water supply protection area

require that person, or the owner of any property in relation to which the contravention occurs, to take any action specified in the notice within the time (being not less than 2 days) that is specified in the notice or any longer time allowed by the Authority, to remedy the contravention.

S. 151(2) amended by No. 48/2021 s. 91(2).

    (2)     A person on whom a notice of contravention is served must make sure that the notice is complied with within the time specified, or any longer time allowed by the Authority.

Penalty:     For an individual, 120 penalty units;

    For a body corporate, 600 penalty units.

Note to S. 151(2) inserted by No. 48/2021 s. 91(2).

Note

Section 297 applies to an offence against this subsection.

    (3)     If a notice of contravention is not complied with within the time specified or any longer time allowed by the Authority, the Authority may—

        (a)     carry out any works and take any other action it decides is necessary to remedy the contravention, and recover its reasonable costs from the person on whom the notice was served; and

        (b)     remove or disconnect any service to the property in relation to which the contravention occurs, and recover its reasonable costs from the person on whom the notice was served; and

        (c)     apply to a court for an injunction restraining the person on whom the notice was served from contravening the notice.



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