72Contents of non-disturbance notice

72 Contents of non-disturbance notice

(1) A non-disturbance notice may require the person to—

S. 72(1)(a) amended by No. 41/2019 s. 58(1)(a).

(a) in the case of bus premises or marine premises—

(i) preserve the site at which a notifiable occurrence has occurred for a specified period; or

(ii) prevent the disturbance of a particular site (including the operation of plant) in other circumstances for a specified period that is reasonable in the circumstances;

S. 72(1)(b) amended by No. 41/2019 s. 58(1)(b)(i).

(b) in the case of a bus or vessel—

S. 72(1)(b)(i) amended by No. 41/2019 s. 58(1)(b)(i).

(i) preserve the bus or vessel in respect of which a notifiable occurrence has occurred for a specified period; or

S. 72(1)(b)(ii) amended by No. 41/2019 s. 58(1)(b)(ii).

(ii) prevent the disturbance of a particular bus or a particular vessel in other circumstances for a specified period that is reasonable in the circumstances.

(2) A non-disturbance notice must specify the period (of no more than 7 days) for which it applies and set out—

(a) the obligations of the person on whom the notice is served; and

(b) the measures to be taken to—

S. 72(2)(b)(i) amended by No. 41/2019 s. 58(2).

(i) preserve a site, bus or vessel; or

S. 72(2)(b)(ii) amended by No. 41/2019 s. 58(2).

(ii) prevent disturbance of a site, bus or vessel; and

(c) information about the right to a review under Part 5 of the decision to serve the notice; and

(d) the penalty for contravening the notice.

(3) In subsection (1), a reference to a site includes any plant, substance, structure or thing associated with the site.

(4) A non-disturbance notice does not prevent any action—

(a) to assist an injured person or animal; or

(b) to remove a deceased person or animal; or

(c) that is essential to make the site, bus or vessel safe or prevent a further incident; or

(d) that is associated with a police investigation; or

(e) in respect of which a transport safety officer has given permission; or

(f) to protect the environment from significant damage or pollution.