sec.214ASteps required before giving remedial action notice

### sec.214A Steps required before giving remedial action notice This section applies if the Minister proposes to give a lessee or licensee a remedial action notice. The Minister must give the lessee or licensee a notice (a warning notice ) stating each of the following— that the Minister proposes to give the lessee or licensee a remedial action notice; the remedial action under the proposed remedial action notice; the grounds for giving the proposed remedial action notice; the facts and circumstances that are the basis for the grounds; that the lessee or licensee may, within the reasonable period stated in the warning notice, make written submissions to show why the proposed remedial action notice should not be given. The submissions may include a plan (a remedial action plan ) for the taking of action to remedy the ground for the giving of the remedial action notice. The Minister must consider any written submissions made under subsection (3) within the stated period. The Minister may give the remedial action notice if, after complying with subsection (4) , the Minister still believes the notice ought to be given. Without limiting subsection (5) , the Minister may give the remedial action notice if the lessee or licensee does not, at any time, comply with any remedial action plan included in the submissions. The remedial action required under the remedial action notice may be different to the remedial action stated in the warning notice. s 214A ins 2007 No. 19 s 113 (sec.214A-ssec.1) This section applies if the Minister proposes to give a lessee or licensee a remedial action notice. (sec.214A-ssec.2) The Minister must give the lessee or licensee a notice (a warning notice ) stating each of the following— that the Minister proposes to give the lessee or licensee a remedial action notice; the remedial action under the proposed remedial action notice; the grounds for giving the proposed remedial action notice; the facts and circumstances that are the basis for the grounds; that the lessee or licensee may, within the reasonable period stated in the warning notice, make written submissions to show why the proposed remedial action notice should not be given. (sec.214A-ssec.3) The submissions may include a plan (a remedial action plan ) for the taking of action to remedy the ground for the giving of the remedial action notice. (sec.214A-ssec.4) The Minister must consider any written submissions made under subsection (3) within the stated period. (sec.214A-ssec.5) The Minister may give the remedial action notice if, after complying with subsection (4) , the Minister still believes the notice ought to be given. (sec.214A-ssec.6) Without limiting subsection (5) , the Minister may give the remedial action notice if the lessee or licensee does not, at any time, comply with any remedial action plan included in the submissions. (sec.214A-ssec.7) The remedial action required under the remedial action notice may be different to the remedial action stated in the warning notice. - (a) that the Minister proposes to give the lessee or licensee a remedial action notice; - (b) the remedial action under the proposed remedial action notice; - (c) the grounds for giving the proposed remedial action notice; - (d) the facts and circumstances that are the basis for the grounds; - (e) that the lessee or licensee may, within the reasonable period stated in the warning notice, make written submissions to show why the proposed remedial action notice should not be given.