47Emergency directions

47 Emergency directions

(1)  Subject to subsection (7) , if the Minister is of the opinion that it is necessary to do so in order to deal with a serious risk to public health or public safety or to deal with the likelihood of material or serious environmental harm arising from the provision of a regulated activity, the Minister may give a direction, in writing, to a regulated entity to take specified action to reduce or eliminate that risk.

(2)  [Section 47 Subsection (2) amended by No. 51 of 2008, s. 6, Applied:01 Jul 2009] Before the Minister gives a direction to a regulated entity under subsection (1) , the Minister must consult with the Director, Environment Protection Authority and the Director of Public Health.

(3)  [Section 47 Subsection (3) amended by No. 51 of 2008, s. 6, Applied:01 Jul 2009] The Minister is to advise the Regulator, the Director, Environment Protection Authority and the Director of Public Health of any direction given to a regulated entity under subsection (1) .

(4)  It is a condition of a regulated entity's licence under which a regulated entity provides regulated services to customers that the regulated entity must comply with any direction under this section.

(5)  If the regulated entity fails to take action specified in a direction given to it under subsection (1) or to undertake appropriate work in accordance with any such direction, the Minister may arrange for the action specified in the direction to be carried out by another person.

(6)  The cost incurred by the Minister of carrying out the action specified in the direction given under subsection (1) may be recovered by the Minister in a court of competent jurisdiction as a debt owed to the Crown by the regulated entity.

(7)  Nothing in this Act affects the exercise of any power, or the obligation of a regulated entity to comply with any direction, order or requirement, under the Emergency Management Act 2006 or any other law relating to emergencies.