Water Act 2000

This section applies if a resource tenure holder fails to comply with a direction given under section 451.

The chief executive may take the action.

If the chief executive takes the action, the chief executive may give the holder a notice (a cost recovery notice) requiring the holder to pay the stated costs and expenses reasonably incurred by the chief executive in taking the reasonable steps.

However, subsection (3) does not apply if the chief executive is satisfied the holder had a reasonable excuse for not complying with the direction.

The cost recovery notice must state the following—

the name of the holder;

the location of the water bore to which the action related;

a description of the action taken;

the amount of the costs and expenses incurred;

a description of the costs and expenses incurred;

that if the holder does not pay the amount to the chief executive within 30 days after the day the notice is given, the chief executive may recover the amount and any interest payable on the amount from the holder as a debt;

the contact details of the chief executive.

If the holder does not pay the amount stated in the cost recovery notice to the chief executive within 30 days after the day the notice is given, the chief executive may recover the amount, and any interest payable on the amount, from the holder as a debt.

A debt due under subsection (6) bears interest at the rate stated in a regulation.