Water Industry Competition Act 2006

A regulatory authority may, if of the reasonable opinion it is necessary to deal with a risk to public health or safety arising from the construction or operation of water industry infrastructure to which this Part applies, give a direction (public health and safety direction) to a person requiring specified action to be taken to manage, reduce or eliminate the risk.

A public health and safety direction may be given orally or in writing.

Without limiting the public health and safety directions that may be given, if in the opinion of the regulatory authority the risk is sufficiently serious to warrant it, the directions may require cessation of operation of the infrastructure.

Before giving a public health and safety direction, the regulatory authority must, unless the urgency of the circumstances preclude it, consult with the Minister responsible for the administration of the Public Health Act 2010, or that Minister’s nominee, and SafeWork NSW.

If a person contravenes a public health and safety direction, the regulatory authority concerned may arrange for the required action to be taken by a person authorised by IPART to take the action.

A person who contravenes a public health and safety direction must pay the regulatory authority concerned an amount equal to the reasonable cost of action taken under subsection (5).

A person who contravenes a public health and safety direction is guilty of an offence.

for a corporation—18,000 penalty units, or

for an individual—3,500 penalty units.