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Water Act 1992
88DController's power to require things to be done in relation to
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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;
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(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).