Water Act 2007

This section applies if the Inspector‑General is satisfied that a person:

has contravened, is contravening or is likely to contravene a provision of Part 2 or of the regulations made for the purposes of Part 2; or

has engaged in, is engaging in or is likely to engage in conduct that:

was, is or would be inconsistent with the Basin Plan or a water resource plan; or

prejudiced, is prejudicing, or would prejudice, the effectiveness or the implementation of the Basin Plan or a water resource plan; or

had, is having or would have an adverse effect on the effectiveness or the implementation of the Basin Plan or a water resource plan; or

has omitted, is omitting or is likely to omit to perform an act, where the omission:

was, is or would be inconsistent with the Basin Plan or a water resource plan; or

prejudiced, is prejudicing, or would prejudice, the effectiveness or the implementation of the Basin Plan or a water resource plan; or

had, is having or would have an adverse effect on the effectiveness or the implementation of the Basin Plan or a water resource plan.

The Inspector‑General may, by written notice given to the person, direct the person to take the action specified in the notice for any or all of the following purposes:

to ensure that the person does not engage in conduct of that kind in the future;

to ensure that the person does not omit to perform acts of that kind in the future;

to remedy, or make good, any adverse consequences of the conduct, or the omission, on the health or continued availability of Basin water resources.

The Inspector‑General’s power to direct a person under this subsection is limited as provided by subsection (6).

Without limiting paragraph (2)(c), the Inspector‑General may direct the person under subsection (2) not to exercise some or all of:

the water access rights; or

the irrigation rights; or

the water delivery rights;

A notice under subsection (2) must:

set out the name of the person to whom the notice is given; and

set out brief details of the alleged contravention, likely contravention, conduct, likely conduct, omission or likely omission; and

contain a statement about the effect of section 166; and

if it is given in relation to an alleged contravention—be given less than 6 years after contravention.

The Inspector‑General may give a person a notice under subsection (2) in relation to conduct, or an omission, even if that conduct or omission constitutes an offence against, or a contravention of, a law of a State or a Territory.

If the Inspector‑General is satisfied that a person:

has engaged in, is engaging in or is likely to engage in conduct referred to in paragraph (1)(b); or

has omitted, is omitting or is likely to omit to perform an act and the omission is covered by paragraph (1)(c);

the direction gives effect to a relevant international agreement; or

the person is a constitutional corporation; or

the direction relates to conduct or an omission that has affected, is affecting or is likely to affect the activities of a constitutional corporation; or

the direction relates to conduct or an omission that took place, is taking place or is likely to take place in the course of trade or commerce:

with other countries; or

among the States; or

between a State and a Territory; or

the direction relates to conduct or an omission that took place, is taking place or is likely to take place in a Territory; or

the direction relates to conduct that took place, is taking place or is likely to take place using a postal, telegraphic, telephonic or other like service (within the meaning of paragraph 51(v) of the Constitution); or

the person is an agency of the Commonwealth.