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s 39B

Enforceable undertakings

In force
Part IVAEnforceable undertakings

39B Enforceable undertakings

(1)

An

enforceable undertaking is an enforceable promise given under this Part by a person in relation to an alleged contravention of this Act or a term or condition of an

Authority Certificate.

(2)

An enforceable undertaking may contain any of the following:

(a)

any terms and conditions that the Authority considers necessary to ensure compliance with this

Act or with an Authority Certificate;

(b)

a requirement that the person who gives the undertaking carries out specified remediation work to rectify damage resulting from an action that is allegedly in contravention of this Act or an Authority Certificate;

(c)

a requirement that the person who gives the undertaking publishes notice of the alleged contravention and any act or thing done, or to be done, by the person.

(3)

An enforceable undertaking must include time limits for the performance of any obligations and a method to monitor compliance with the undertaking.

(4)

The process of negotiating an enforceable undertaking is without prejudice to any party's position.

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