40Advance notice of proposed work

#### 40 Advance notice of proposed work 40 Advance notice of proposed work > > (1) The port operator is not authorised to enforce compliance with a port operator direction by carrying out work that a person has failed to carry out in contravention of the direction or that is reasonably required to be carried out to remedy a contravention by a person of the direction unless the port operator has given the person advance notice of the proposed work. > > > (2) Advance notice of proposed work must be given no less than 7 days before the work commences, must be given in writing and must give details of the alleged contravention concerned. > > > (3) Advance notice of proposed work is not required in an emergency or where the proposed work is necessary to avert an imminent threat of death or serious injury to persons or serious damage to property. > > **s 40:** Subst 2006 No 2, Sch 4.52 \[1\]. Am 2006 No 58, Sch 1.22 \[4\]. Rep 2011 No 41, Sch 2 \[7\]. Ins 2012 No 101, Sch 6.3 \[5\].