56ZNotice of contravention

56Z Notice of contravention

(1)  A regulated entity may, by notice served on a person who is in contravention of –

(a) a provision of this Division or the regulations; or

(b) a requirement made by the regulated entity under this Division or the regulations; or

(c) a condition of a permit imposed by a planning authority as required by a relevant regulated entity under section 56Q(2)  –

require that person, or the owner of any land in relation to which the contravention occurs, to take any action specified in the notice, within the time (being not less than 2 days) that is specified in the notice or any longer time allowed by the regulated entity, to remedy the contravention.

(2)  A person on whom a notice of contravention is served must cause the notice to be complied with within the time specified, or any longer time allowed by the regulated entity.

Penalty:  Fine not exceeding 100 penalty units.

(3)  If a notice of contravention is not complied with within the time specified or any longer time allowed by the regulated entity, the regulated entity may –

(a) carry out any works and take any other action that it decides is necessary to remedy the contravention, and recover its reasonable costs from the person on whom the notice was served; and

(b) remove or disconnect any service to the land in relation to which the contravention occurs, and recover its reasonable costs from the person on whom the notice was served; and

(c) apply to a court for an injunction restraining the person on whom the notice was served from contravening the notice.

(4)  If a regulated entity removes or disconnects any service to land under subsection (3)(b) , the removal or disconnection is to be in accordance with any code or licence issued under this Act with which a regulated entity must comply.