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COMMONWEALTHAct
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s 167A

Inspector‑General may issue public warning notice

In force
Volume 1Parts 1 to 10A (sections 1 to 239W)
Part 8Enforcement
Division 7APublic warning notices

167A Inspector‑General may issue public warning notice

(1)

The Inspector‑General may issue to the public a written notice containing a warning about the conduct of a person if:

(a)

the Inspector‑General reasonably suspects that the conduct may constitute a contravention of:

(i)

section 34, 35, 58 or 59; or

(ii)

a provision of Division 3A of Part 2; and

(b)

the Inspector‑General is satisfied that one or more of the following has occurred, is occurring or is likely to occur, as a result of the conduct:

(i)

injury or damage to human beings;

(ii)

damage to property;

(iii)

harm to, or loss of, Basin water resources; and

(c)

the Inspector‑General is satisfied that it is in the public interest to issue the notice.

Note 1:

The power conferred by this subsection may be delegated only to an SES employee or an acting SES employee (see subsection 215W(3)).

Note 2:

No civil proceeding lies against the Inspector‑General for loss, damage or injury of any kind suffered by another person as a result of the issue, in good faith, of a notice under this subsection (see section 215X).

(2)

A notice issued under subsection (1) is not a legislative instrument.

(3)

In this section:

conduct includes an act or omission.

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