QLDIn ForceAct
Water Act 2000
sec.781General requirements for compliance notices
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### sec.781 General requirements for compliance notices
The compliance notice must state—
that the chief executive or authorised officer believes the person to whom the notice is to be given—
is contravening a provision of this Act; or
has contravened a provision of this Act in circumstances that make it likely that the contravention will continue or be repeated; and
the provision the chief executive or authorised officer believes is being, or has been, contravened; and
briefly, how it is believed the provision is being, or has been contravened; and
the matter relating to the contravention that the chief executive or authorised officer believes is reasonably capable of being rectified; and
the reasonable steps the person must take to rectify the matter; and
that the person must take the steps within a stated reasonable period; and
if the notice is in relation to a direction or response mentioned in section 25M (1) —that if the notice is not complied with, the Governor in Council may, under section 25M (2) , appoint a person to comply with the direction or response; and
that the person may apply for an internal review of the decision to give the notice within 30 business days after the day the notice is given; and
how the person may apply for the internal review.
If a compliance notice requires the person to do an act involving the carrying out of work, it also must give details of the work involved.
If a compliance notice requires the person to refrain from doing an act, it also must state either—
a period for which the requirement applies; or
that the requirement applies until further notice.
s 781 amd 2005 No. 56 s 11 ; 2008 No. 34 s 666 sch 2 ; 2009 No. 24 s 959
(sec.781-ssec.1) The compliance notice must state— that the chief executive or authorised officer believes the person to whom the notice is to be given— is contravening a provision of this Act; or has contravened a provision of this Act in circumstances that make it likely that the contravention will continue or be repeated; and the provision the chief executive or authorised officer believes is being, or has been, contravened; and briefly, how it is believed the provision is being, or has been contravened; and the matter relating to the contravention that the chief executive or authorised officer believes is reasonably capable of being rectified; and the reasonable steps the person must take to rectify the matter; and that the person must take the steps within a stated reasonable period; and if the notice is in relation to a direction or response mentioned in section 25M (1) —that if the notice is not complied with, the Governor in Council may, under section 25M (2) , appoint a person to comply with the direction or response; and that the person may apply for an internal review of the decision to give the notice within 30 business days after the day the notice is given; and how the person may apply for the internal review.
(sec.781-ssec.2) If a compliance notice requires the person to do an act involving the carrying out of work, it also must give details of the work involved.
(sec.781-ssec.3) If a compliance notice requires the person to refrain from doing an act, it also must state either— a period for which the requirement applies; or that the requirement applies until further notice.
- (a) that the chief executive or authorised officer believes the person to whom the notice is to be given— (i) is contravening a provision of this Act; or (ii) has contravened a provision of this Act in circumstances that make it likely that the contravention will continue or be repeated; and
- (i) is contravening a provision of this Act; or
- (ii) has contravened a provision of this Act in circumstances that make it likely that the contravention will continue or be repeated; and
- (b) the provision the chief executive or authorised officer believes is being, or has been, contravened; and
- (c) briefly, how it is believed the provision is being, or has been contravened; and
- (d) the matter relating to the contravention that the chief executive or authorised officer believes is reasonably capable of being rectified; and
- (e) the reasonable steps the person must take to rectify the matter; and
- (f) that the person must take the steps within a stated reasonable period; and
- (g) if the notice is in relation to a direction or response mentioned in section 25M (1) —that if the notice is not complied with, the Governor in Council may, under section 25M (2) , appoint a person to comply with the direction or response; and
- (h) that the person may apply for an internal review of the decision to give the notice within 30 business days after the day the notice is given; and
- (i) how the person may apply for the internal review.
- (i) is contravening a provision of this Act; or
- (ii) has contravened a provision of this Act in circumstances that make it likely that the contravention will continue or be repeated; and
- (a) a period for which the requirement applies; or
- (b) that the requirement applies until further notice.