77Corrective action by occupiers or persons carrying on certain activities

77 Corrective action by occupiers or persons carrying on certain activities

77 Corrective action by occupiers or persons carrying on certain activities

(1) The Regulatory Authority may, by notice in writing (a catchment correction notice), do either or both of the following—

(a) direct an occupier of land on or from which the Regulatory Authority reasonably suspects that a targeted activity has been carried out or is being carried out,

(b) direct a person who is reasonably suspected by the Regulatory Authority of carrying out or having carried out a targeted activity,

to take the corrective action specified in the notice within such period as is specified in the notice.

(2) The catchment correction notice may require the person to whom the notice is given to provide reports to the Regulatory Authority regarding progress on the carrying out of the corrective action.

(3) If the person given a catchment correction notice complies with the notice but was not the person who carried out the targeted activity, the cost of complying with the notice may be recovered by the person who complied with the notice as a debt in a court of competent jurisdiction from the person who carried out the targeted activity.

(4) A catchment correction notice, or a variation of a catchment correction notice, operates from the day the notice or notice of the variation is given or from such later day as the notice specifies.

(5) A person who, without reasonable excuse, does not comply with a catchment correction notice given to the person is guilty of an offence.

Maximum penalty—

(a) in the case of a corporation—$250,000 and, in the case of a continuing offence, a further penalty of $30,000 for each day the offence continues, or

(b) in the case of an individual—$120,000 and, in the case of a continuing offence, a further penalty of $15,000 for each day the offence continues.

Note.

An offence against subsection (5) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 95.