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s 94

Taking remedial action

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Part 4Inspection and compliance
Division 6Remedial action by Director General

94 Taking remedial action

(1)

For the purpose of taking remedial action under section 38 or 87 or under the regulations the Director General —

(a)

may do anything that has not been done by the owner, occupier or other person required to comply with a notice, direction or other requirement; and

(b)

may do anything incidental to doing something under paragraph (a).

(2)

If the Director General is to take remedial action under section 38 or 87 or under the regulations, an inspector may exercise any of the powers specified in section 65(1)(b), (c), (d), (e) and (f) that are necessary or expedient for the purposes of taking the remedial action, as if the remedial action were an inspection purpose.

(3)

The regulations may make provision as to any or all of the following —

(a)

the procedure for taking remedial action;

(b)

the determination of the costs of remedial action under section 38 or 87 or under the regulations;

(c)

the payment of the costs of the remedial action;

(d)

the recovery of the costs payable.

(4)

Nothing in this section affects the liability of a person to be proceeded against for an offence under this Act or the recovery of a penalty in any such proceedings.

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