QLDIn ForceRegulation
Environmental Protection Regulation 2019
sec.109Authorised person may give notice to comply
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### sec.109 Authorised person may give notice to comply
If an authorised person believes on reasonable grounds that a person has contravened division 1 , 2 or 3 , the authorised person may give the person a written notice about the contravention.
The notice must state—
the act or omission comprising the contravention; and
the action the person must take to rectify the contravention; and
the day by which the person must take the action.
The stated day must be at least 28 days after the notice is given.
If a person is given a notice under subsection (1) , the person must comply with the notice unless the person has a reasonable excuse for not complying with it.
Maximum penalty—10 penalty units.
If a person is given a notice under subsection (1) in relation to a contravention of division 1 , 2 or 3 , the person can be prosecuted for the contravention only if the person does not comply with the notice.
However, this section does not require an authorised person to give a person a notice under subsection (1) before the person may be prosecuted for a contravention of division 1 , 2 or 3 .
(sec.109-ssec.1) If an authorised person believes on reasonable grounds that a person has contravened division 1 , 2 or 3 , the authorised person may give the person a written notice about the contravention.
(sec.109-ssec.2) The notice must state— the act or omission comprising the contravention; and the action the person must take to rectify the contravention; and the day by which the person must take the action.
(sec.109-ssec.3) The stated day must be at least 28 days after the notice is given.
(sec.109-ssec.4) If a person is given a notice under subsection (1) , the person must comply with the notice unless the person has a reasonable excuse for not complying with it. Maximum penalty—10 penalty units.
(sec.109-ssec.5) If a person is given a notice under subsection (1) in relation to a contravention of division 1 , 2 or 3 , the person can be prosecuted for the contravention only if the person does not comply with the notice.
(sec.109-ssec.6) However, this section does not require an authorised person to give a person a notice under subsection (1) before the person may be prosecuted for a contravention of division 1 , 2 or 3 .
- (a) the act or omission comprising the contravention; and
- (b) the action the person must take to rectify the contravention; and
- (c) the day by which the person must take the action.