Power to issue a non-disturbance notice
278 Power to issue a non-disturbance notice
Pt 10.5 (Heading and s. 278) inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).
S. 278 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).
The Authority or an authorised officer may issue a non-disturbance notice to a person who is or appears to be the occupier for the time being of a place or premises if the Authority or the authorised officer reasonably believes it is necessary to do so to facilitate the performance of functions or exercise of powers under this Act in relation to the place or premises.
A non-disturbance notice may require a person to—
stop the use or movement of, or interference with, any specified plant, equipment, substance or other thing at the place or premises; and
prevent the disturbance of the specified plant, equipment, substance or other thing or a specified area of the place or premises where the plant, equipment, substance or other thing is located.
A non-disturbance notice must specify the period (of no more than 7 days) for which it applies and set out—
the obligations of the person to whom the notice is issued; and
the penalty for contravening the notice; and
how the person may seek review of the issue of the notice.
The Authority or an authorised officer may issue one or more subsequent non disturbance notices to a person, whether before or after the expiry of the previous notice, each of which must comply with this section.
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