43Emergency order

### 43 Emergency order > > (1)  A lessee or an employee or agent of a lessee may apply to the planning authority for an emergency order if – > > > > > > (a) there is likely to be a substantial deterioration in the quality of the water within the lease area; or > > > > > > > (b) there is pollution which affects or is likely to affect the water imminently; or > > > > > > > (c) [*\[Section 43 Subsection (1) amended by No. 61 of 2001, s. 26, Applied:19 Sep 2001\]*](/view/html/inforce/2001-09-19/act-2001-061#GS26@Hpa@EN) pests or diseases affect or are likely to affect the water or fish in the lease area. > > > (2)  An application is to – > > > > > > (a) be in writing or by telephone; and > > > > > > > (b) give details of the circumstances which necessitate an emergency order; and > > > > > > > (c) be lodged with the planning authority. > > > (3)  [*\[Section 43 Subsection (3) amended by No. 61 of 2001, s. 26, Applied:19 Sep 2001\]*](/view/html/inforce/2001-09-19/act-2001-061#GS26@Hpb@EN) The planning authority may issue an emergency order on application or on its own instigation if satisfied that the circumstances warrant it on any conditions it considers appropriate. > > > (4)  An emergency order may provide for any matter – > > > > > > (a) which is appropriate to the circumstances; and > > > > > > > (b) for which a marine farming development plan may provide. > > > (5)  A person must not apply for an emergency order unless there are reasonable grounds for believing that the matters referred to in [subsection (1)](#GS43@Gs1@EN) exist or are likely to exist. > > > > Penalty:  Fine not exceeding 50 penalty units. > > > (6)  A person must comply with an emergency order. > > > > Penalty:  Fine not exceeding 50 penalty units. > > > (7)  [*\[Section 43 Subsection (7) inserted by No. 46 of 2017, s. 48, Applied:04 Dec 2017\]*](/view/html/inforce/2017-12-04/act-2017-046#GS48@EN) The planning authority must, as soon as practicable after issuing an emergency order that relates to finfish farming, and in any case within 24 hours, notify the Director, EPA of the issue of the order and provide to him or her a copy of the order.