Notices
38 Notices
An enforcement agency may issue a notice under this section for the purpose of—
securing compliance with a requirement imposed by or under this
Act; or
averting, eliminating or minimising a risk, or a perceived risk, to the public in relation to drinking water.
A notice under this section—
subject to subsection (3), must be in the form of a written notice served on the person to whom it is issued; and
must specify the person to whom it is issued (whether by name or by a description sufficient to identify the person); and
must state the purpose for which the notice is issued and give notice of the requirement or the risk to which it relates; and
may impose any requirement reasonably required for the purpose for which the notice is issued including 1 or more of the following:
a requirement that the person discontinue, or not commence, a specified activity indefinitely or for a specified period or until further notice from an enforcement agency;
a requirement that the person not carry on a specified activity except subject to specified conditions;
a requirement that the person take specified action in a specified way, and within a specified period or at specified times or in specified circumstances;
a requirement that the person take action to prevent, eliminate, minimise or control any specified risk to the public, or to control any specified activity;
a requirement that the person comply with any specified standard, guideline or code prepared or published by a body or authority referred to in the notice;
a requirement that the person undertake specified tests or monitoring;
a requirement that the person furnish to a body or authority referred to in the notice specified results or reports;
a requirement that the person prepare, in accordance with specified requirements and to the satisfaction of the enforcement agency, a plan of action to secure compliance with a relevant requirement or to prevent, eliminate, minimise or control any specified risk to the public;
and
must state that the person may, within 14 days, seek a review of the notice by the Tribunal under section 34 of the
South Australian Civil and Administrative
Tribunal Act 2013.
An authorised officer may, if of the opinion that urgent action is required, issue an emergency notice imposing a requirement of a kind referred to in subsection (2)(d) as reasonably required in the circumstances.
An emergency notice may be issued orally but, in that event, the person to whom the notice is issued must be advised forthwith of the person's right to seek a review of the notice by the Tribunal under section 34 of the South Australian Civil and
Administrative Tribunal
Act 2013.
If an emergency notice is issued by an authorised officer, the notice will cease to have effect on the expiration of 72 hours from the time of issuing unless confirmed by a notice issued by an enforcement agency and served on the relevant person.
An enforcement agency may, by written notice served on a person to whom a notice under this section has been issued by the enforcement agency, vary or revoke the notice.
A person to whom a notice is issued under this section must not, without reasonable excuse, fail to comply with the notice. Maximum penalty: Maximum penalty: $25 000.
A person must not hinder or obstruct a person complying with a notice under this section. Maximum penalty: Maximum penalty: $25 000.
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