sec.359Direction to owner of emergency part of land

### sec.359 Direction to owner of emergency part of land The chief executive may, by notice, direct the owner of land on which the part of the dam where the action is necessary is situated (the emergency part ), or the operator of the dam, to take stated reasonable action within a stated reasonable period. The notice— is taken to be a compliance notice; and if the emergency part is land other than land mentioned in paragraph (c) —attaches to the land and binds the owner of the land and the owner’s successors in title; and if the emergency part is land leased from the State under the Land Act 1994 —is taken to be a remedial action notice under the Land Act 1994 , other than for the purposes of a review of, or an appeal against, the decision to give the notice. See chapter 7 (Review, appeals and arbitration). The person to whom the notice is given, and any person bound by the notice under subsection (2) (b) , must comply with the notice unless the person has a reasonable excuse. Maximum penalty—1,665 penalty units. Subsection (3) does not apply if the person to whom the notice is given— gives the chief executive notice that the person intends to remove the dam; and complies with the intention in accordance with any direction given by the chief executive. s 359 amd 2010 No. 20 s 159 (sec.359-ssec.1) The chief executive may, by notice, direct the owner of land on which the part of the dam where the action is necessary is situated (the emergency part ), or the operator of the dam, to take stated reasonable action within a stated reasonable period. (sec.359-ssec.2) The notice— is taken to be a compliance notice; and if the emergency part is land other than land mentioned in paragraph (c) —attaches to the land and binds the owner of the land and the owner’s successors in title; and if the emergency part is land leased from the State under the Land Act 1994 —is taken to be a remedial action notice under the Land Act 1994 , other than for the purposes of a review of, or an appeal against, the decision to give the notice. See chapter 7 (Review, appeals and arbitration). (sec.359-ssec.3) The person to whom the notice is given, and any person bound by the notice under subsection (2) (b) , must comply with the notice unless the person has a reasonable excuse. Maximum penalty—1,665 penalty units. (sec.359-ssec.4) Subsection (3) does not apply if the person to whom the notice is given— gives the chief executive notice that the person intends to remove the dam; and complies with the intention in accordance with any direction given by the chief executive. - (a) is taken to be a compliance notice; and - (b) if the emergency part is land other than land mentioned in paragraph (c) —attaches to the land and binds the owner of the land and the owner’s successors in title; and - (c) if the emergency part is land leased from the State under the Land Act 1994 —is taken to be a remedial action notice under the Land Act 1994 , other than for the purposes of a review of, or an appeal against, the decision to give the notice. Note— See chapter 7 (Review, appeals and arbitration). - (a) gives the chief executive notice that the person intends to remove the dam; and - (b) complies with the intention in accordance with any direction given by the chief executive.