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COMMONWEALTHAct
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s 199

Contents of non‑disturbance notice

In force
Part 10Enforcement measures
Division 3Non‑disturbance notices

199 Contents of non‑disturbance notice

(1)

A non‑disturbance notice may require the person to:

(a)

preserve the site at which a notifiable incident has occurred for a specified period; or

(b)

prevent the disturbance of a particular site (including the operation of plant) in other circumstances for a specified period that is reasonable in the circumstances.

(2)

A non‑disturbance notice must specify the period (of no more than 7 days) for which it applies and set out:

(a)

the obligations of the person to whom the notice is issued; and

(b)

the measures to be taken to preserve a site or prevent disturbance of a site; and

(c)

the penalty for contravening the notice.

(3)

In subsection (1) a reference to a site includes any plant, substance, structure or thing associated with the site.

(4)

A non‑disturbance notice does not prevent any action:

(a)

to assist an injured person; or

(b)

to remove a deceased person; or

(c)

that is essential to make the site safe or to prevent a further incident; or

(d)

that is associated with a police investigation; or

(e)

for which an inspector has given permission.

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