sec.59Authorised person may issue remedial notice

sec.59 Authorised person may issue remedial notice

The authorised person may give the public potable water supplier a notice (a remedial notice ) requiring the water supplier to remedy the contravention. The remedial notice must state the following— that the authorised person reasonably believes the public potable water supplier— is contravening a provision of this Act; or has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated; the provision the authorised person believes is being, or has been, contravened (the relevant provision ); briefly, how it is believed the relevant provision is being, or has been, contravened; the period in which the water supplier must remedy the contravention. The period stated under subsection (2) (d) must be reasonable having regard to the contravention. The remedial notice may also state the reasonable steps that the authorised person considers necessary to remedy the contravention. The authorised person must keep a copy of the remedial notice. The public potable water supplier must comply with the remedial notice. If it is an offence to contravene the relevant provision for which the remedial notice is given, the public potable water supplier can not be prosecuted for that offence unless the public potable water supplier fails to comply with the remedial notice and does not have a reasonable excuse for the noncompliance. A public potable water supplier may be prosecuted for the contravention of a relevant provision without an authorised person first giving a remedial notice for the contravention. (sec.59-ssec.1) The authorised person may give the public potable water supplier a notice (a remedial notice ) requiring the water supplier to remedy the contravention. (sec.59-ssec.2) The remedial notice must state the following— that the authorised person reasonably believes the public potable water supplier— is contravening a provision of this Act; or has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated; the provision the authorised person believes is being, or has been, contravened (the relevant provision ); briefly, how it is believed the relevant provision is being, or has been, contravened; the period in which the water supplier must remedy the contravention. (sec.59-ssec.3) The period stated under subsection (2) (d) must be reasonable having regard to the contravention. (sec.59-ssec.4) The remedial notice may also state the reasonable steps that the authorised person considers necessary to remedy the contravention. (sec.59-ssec.5) The authorised person must keep a copy of the remedial notice. (sec.59-ssec.6) The public potable water supplier must comply with the remedial notice. (sec.59-ssec.7) If it is an offence to contravene the relevant provision for which the remedial notice is given, the public potable water supplier can not be prosecuted for that offence unless the public potable water supplier fails to comply with the remedial notice and does not have a reasonable excuse for the noncompliance. (sec.59-ssec.8) A public potable water supplier may be prosecuted for the contravention of a relevant provision without an authorised person first giving a remedial notice for the contravention.