127Prohibition notice

127 Prohibition notice

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

(a) that the person—

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

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

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

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

(B) harm to human health or the environment from pollution or waste; and

(b) that, having regard to the immediacy of the risk and the degree of failure, disruption or harm that could occur, prohibiting the person from engaging in an activity is necessary to prevent or minimise the failure, disruption or harm.

(2) A prohibition notice may—

(a) prohibit the person to whom it is issued from engaging in the activity, whether or not the person is engaging in the activity at the time at which the notice is issued; and

(b) require the person to do any other thing that the Head, Recycling Victoria or the authorised officer reasonably considers necessary to prevent or minimise the harm or risk of harm.

(3) A prohibition 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.