163Council may order maintenance

163 Council may order maintenance

(1) This regulation applies if the council, in whose municipal district the on-site wastewater management system is located, or an authorised officer of the council—

(a) has received a notification under regulation 161(2); or

(b) has a reasonable belief that an on-site wastewater management system poses, or may pose, a risk of harm to human health or the environment or is not, or may not be, in good working order.

(2) If an authorised officer of the council has exercised a power under Part 9.3 of the Act to enter and inspect a place or premises on or in which an on-site wastewater management system is located and forms the reasonable belief that the system poses a risk of harm to human health or the environment or is not in good working order, the officer may give a written notice to the owner of the place or premises to undertake the maintenance activities specified in the notice.

(3) A notice under subregulation (2) must specify the—

(a) name and address of the person to whom the notice is issued and the location of the on‑site wastewater management system; and

(b) grounds on which the notice is issued; and

(c) maintenance actions that the person must take to comply with the notice; and

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

(e) penalty for failing to comply with the notice set out in subregulation (4).

(4) A person who is given a notice under subregulation (2) must comply with the notice.

Chapter 6—Environmental audits and financial assurances

Part 6.1—Environmental audit system

164 Functions of environmental auditors

For the purposes of section 190(1)(d) of the Act, the prescribed functions of an environmental auditor are the following—

(a) to verify actions and measures undertaken to comply with any of the following (including conducting any relevant tests and analysis)—

(i) a notice issued under section 271, 272, 273 or 274 of the Act;

(ii) an order issued under section 275 of the Act;

(iii) a condition of a permission;

(iv) guidelines issued by the Authority under the Act;

To verify whether or not a monitoring plan required under an environmental action notice has been implemented in accordance with the plan, the environmental auditor may undertake a site inspection, assess sampling and analysis procedures against relevant guidelines issued by the Authority, and audit a representative sample of monitoring data.

(b) to undertake an independent assessment under section 222 of the Act of a matter contained in the prescribed risk assessment criteria where the method for calculating financial assurance amounts published under section 223 of the Act provides that the assessment may be conducted by an environmental auditor;