109Improvement notices

109 Improvement notices (1) An authorised person may give a person (the offender) a written notice (an improvement notice) if the authorised person believes on reasonable grounds that the offender— (a) has failed to comply with a provision of this Act; or (b) is failing to comply with a provision of this Act; or (c) is likely to fail to comply with a provision of this Act. (2) An improvement notice may require the offender to remedy— (a) the failure to comply or likely failure to comply; or (b) the matters or activities causing the failure to comply or likely failure to comply.

(3) Also, an improvement notice may state the method to be used to achieve the remedy. (4) An improvement notice must state the following: (a) that the notice is issued under this section; (b) that the authorised person believes on reasonable grounds that the offender has failed to comply, is failing to comply or is likely to fail to comply, with a provision of this Act; (c) the reasons for the belief; (d) the provision of this Act in relation to which the belief is held; (e) that the offender must comply with the notice not later than the date and time (if any) stated in the notice. (5) The authorised person must not set a date or time for compliance with the notice unless satisfied that the date or time is reasonable, having regard to— (a) the severity of any relevant risks; and (b) the nature of the failure to comply or likely failure to comply.