Water Act 1992
88DController's power to require things to be done in relation to
Start here
Get a plain-English read of 88D
Turn the raw legal text into a practical explanation grounded in Water Act 1992.
88D Controller's power to require things to be done in relation to water or waste (1) The Controller may, in connection with the performance of the Controller's functions under this Act, by written notice served on a person, require the person to do any of the following things as specified in the notice: (a) in relation to the investigation, use, control, protection, management or administration of water or in relation to waste: (i) keep and maintain records; and (ii) install, operate and maintain equipment; and (iii) provide information to a person; (b) take or dispose of samples of water or waste;
Water Act 1992 77 (c) submit samples of water or waste to a person or member of a class of persons for analysis. (2) Anything required to be done under subsection (1) is done at the expense of the person on whom the notice is issued unless the Controller otherwise directs. (3) A requirement in a notice under subsection (1) must not be inconsistent with a notice applying to the person under section 88 and, to the extent of any inconsistency, the requirements in a notice under section 88 prevail. (b) the conduct contravenes a requirement in a notice under (5) Strict liability applies to subsection (4)(b).