81Preventive action

81 Preventive action

81 Preventive action

(1) This section applies when the Regulatory Authority reasonably suspects that a targeted activity has been, will be or is being carried out on any land in a special area or a controlled area.

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

(a) direct the occupier of the land,

(b) direct the person carrying on the activity,

to take such action, as is specified in the notice within such period (if any) as is specified in the notice, to ensure that either the targeted activity is not commenced, is no longer carried on, or if the targeted activity is permitted to be carried on in future, it is carried on in a manner that does not cause damage to, or detrimentally affect, the quality of any water, or the catchment health of any land, in the special area or controlled area.

(3) The action to be taken may (without limitation) include any of the following—

(a) ceasing to carry on or not commencing to carry on an activity,

(b) carrying on an activity in a particular manner,

(c) carrying on an activity only during particular times,

(d) preparing and carrying out a plan of action to control, prevent or minimise any damage to, or detrimental effect on, the quality of any water, or the catchment health of any land, in the special area or controlled area.

(4) If the occupier who is given a notice is not the person carrying on the targeted activity, the notice is taken to require the occupier to take all available steps to cause the action to be taken by the person carrying on the targeted activity.

(5) A catchment protection notice may require the person to whom the notice is given to provide reports to the Regulatory Authority regarding progress on carrying out the action required to be taken by the notice.

(6) A person who does not comply with a catchment protection 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