River Murray Act 2003

If the Minister is satisfied that a person has caused harm to the

River Murray by contravention of—

the general duty of care; or

a condition of—

a statutory authorisation that relates to an activity carried out within the Murray-Darling Basin; or

an exemption that operates under this Act; or

a management agreement; or

any other requirement imposed by or under this Act, the Minister may (whether or not a reparation order has been issued to the person) issue a reparation authorisation under which authorised officers or other persons authorised by the Minister for the purpose may take specified action on the Minister's behalf to make good any resulting damage to the River

Murray.

A reparation authorisation—

must be in the form of a written notice;

must specify the person alleged to have caused the harm (whether by name or a description sufficient to identify the person);

must state the grounds on which it is made with reasonable particularity;

may include authorisation for action to be taken to prevent or mitigate further harm to the River Murray.

The Minister must, as soon as practicable after issuing a reparation authorisation, serve a copy of the authorisation on the person alleged to have caused the harm.

The Minister may, by notice in writing, vary or revoke a reparation authorisation and must, as soon as practicable after doing so, serve a copy of the notice on the person alleged to have caused the harm.

If a person other than an authorised officer is authorised to take action under subsection (1), the following provisions apply:

the Minister must issue the person with an instrument of authority;

the person may exercise such powers of an authorised officer as are reasonably required for the purpose of taking action under that subsection;

the provisions of this Act apply in relation to the exercise of such powers by the person in the same way as in relation to an authorised officer;

the person must produce the instrument of authority for the inspection of any person in relation to whom the person intends to exercise powers of an authorised officer.

A person taking action under a reparation authorisation may enter any relevant land at any reasonable time.

The reasonable costs and expenses incurred by the Minister in taking action under a reparation authorisation may be recovered by the Minister as a debt from the person who caused the relevant harm.

If an amount is recoverable from a person by the Minister under this section—

the Minister may, by notice in writing to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person, and, if the amount is not paid by the person within that period, the person is liable to pay interest charged at the prescribed rate per annum on the amount unpaid; and

the amount together with any interest charge so payable is until paid a charge in favour of the Minister on any land owned by the person in relation to which the reparation authorisation is registered under

Division

2.