145Prohibition notice

145 Prohibition notice

(1) This section applies if an activity or event is occurring, or is likely to occur, in an authority area that, in the opinion of the Minister, creates an immediate risk—

S. 145(1)(a) substituted by No. 55/2010 s. 73.

(a) to any member of the public; or

(b) that property may be seriously damaged; or

(c) that significant damage may occur to the environment; or

(d) that significant damage may occur to any geothermal energy or geothermal energy resource.

(2) The Minister may issue to the holder of the authority a prohibition notice prohibiting the holder—

(a) from carrying out, or continuing to carry out, any geothermal energy operation, or any activity relating to a geothermal energy operation, in the authority area; or

(b) from taking any specified action in the authority area—

until the Minister certifies in writing that any direction included in the prohibition notice has been complied with, or until the expiry of a specified period.

(3) The Minister—

(a) may include in the notice directions as to measures to be taken to remove or reduce the risk to which the notice relates;

(b) must specify in the notice from when the prohibition is to take effect.

(4) The holder of the authority must comply with the notice.

1. 600 penalty units.

(5) If the holder of an authority fails to comply with a notice given under this section, the holder is guilty of an offence for each day the failure to comply in respect of which the notice was given continues after the relevant prohibition takes effect.

1. 20 penalty units for each day the offence continues after the prohibition takes effect.