17AProvisional directions

17A Provisional directions S. 17A(1) amended by Nos 13/1996 s. 22(e), 31/2005 s. 11(a). (1) The Authority may, by instrument in writing, confer on any delegate under section 10B(5) power to issue provisional directions under this section. (2) Any delegate so empowered if of the opinion that any person— (a) is contravening this Act; or (b) has contravened this Act in circumstances that make it likely that the contravention will continue or be repeated— may issue to the person a provisional direction in writing requiring the person to remedy the contravention or likely contravention or the matters or activities occasioning it. (3) A provisional direction must— (a) state the delegate's opinion and reasons for the opinion; and (b) specify the contravention; and (c) specify the day (being a day more than seven days after the direction is issued) before which the contravention or likely contravention or the matters or activities occasioning it must be remedied; and (d) state that within seven days after the direction is issued the person may refer it to an inspector. (4) A person to whom a provisional direction is issued may, within seven days after the direction is issued, refer it to an inspector for confirmation or cancellation. (5) An inspector may— (a) confirm a provisional direction, with or without modifications; or (b) cancel it. (6) A person— (a) to whom a provisional direction is issued which is not referred to an inspector; and (b) who fails to comply with the direction— S. 17A(7) amended by Nos 78/1995 s. 5(1), 31/2005 s. 11(b). (7) A provisional direction confirmed by an inspector shall be deemed to be an improvement notice issued under section 17C. S. 17A(8) inserted by No. 78/1995 s. 5(2). (8) A person to whom a provisional direction is issued that is confirmed by an inspector need not comply with the direction within the first 7 days after the direction is confirmed. S. 17B inserted by No. 78/1995 s. 6, substituted by No. 31/2005 s. 12.