61AImprovement notices

61A Improvement notices

[Section 61A Inserted by No. 28 of 2020, s. 22, Applied:01 Dec 2022]

(1)  If the Commission is of the opinion that a person has contravened, is contravening, or is likely to contravene, a provision of this Act or the regulations, the Commission may –

(a) if the person is not an accredited operator – serve on the person an improvement notice in relation to the person; or

(b) if the person is an accredited operator and there is not a relevant responsible person in relation to the accredited operator – serve on the accredited operator an improvement notice in relation to the person; or

(c) if the person is an accredited operator and there is a relevant responsible person in relation to the accredited operator – serve on the relevant responsible person an improvement notice in relation to the person who is an accredited operator.

(2)  An improvement notice in relation to a person must specify –

(a) that the Commission is of the opinion that the person has contravened, is contravening, or is likely to contravene, a provision of this Act or the regulations; and

(b) the contravention, or likely contravention, to which the notice relates and the provision to which the contravention, or likely contravention, relates; and

(c) that the person on whom the improvement notice is served is required to remedy, before a date specified in the notice, the contravention or likely contravention, or the matters or activities occasioning the contravention or likely contravention; and

(d) the reason why the Commission is of the opinion referred to in paragraph (a) ; and

(e) information about the right of the person on whom it is served to have the decision to serve the notice reviewed; and

(f) that the notice is issued under this section.

(3)  An improvement notice may, but is not required to, specify the method by which the alleged contravention or likely contravention, or the matters or activities occasioning the alleged contravention or likely contravention, are to be remedied.