125Improvement notice

125 Improvement notice

(1) The Head, Recycling Victoria or an authorised officer may issue a person with an improvement notice if the Head, Recycling Victoria or the authorised officer (as the case requires) reasonably believes that the person—

(a) has contravened, or is contravening, a provision of this Act, the regulations or a subordinate instrument made under this Act; or

(b) has not complied, or is not complying, with an agreement or authority made or given under this Act; or

(c) has engaged in or proposes to engage in an activity that has caused or is likely to cause—

(ii) harm to human health or the environment from pollution or waste.

(2) An improvement notice may require the person to whom it is issued—

(a) to take any action that the Head, Recycling Victoria or the authorised officer considers necessary to remedy—

(i) the contravention; or

(ii) the matters or activities that are causing the contravention; or

(b) to remedy the activity that has caused or is likely to cause—

(i) the failure of, or disruption to, waste, recycling or resource recovery services; or

(ii) the harm to human health or the environment from pollution or waste.

(3) An improvement notice must—

(b) specify the name and address of the person to whom the notice is issued; and

(c) state the grounds on which the notice is issued; and

(d) specify the actions that the person must take to comply with the notice; and

(e) specify the period within which the person must comply with the notice; and

(f) set out the penalty for failing to comply with the notice; and

(g) specify how the person may seek review of the decision to issue the notice.