Inspections and works specification notices
21 Inspections and works specification notices
Within one year after the commencement of this section and periodically after that time, so that a period of not more than 12 months elapses between inspections, a local government is to inspect each facility in its district.
Notwithstanding subsection (1), a local government may inspect a facility in its district at any time.
After inspecting a facility, a local government may give the person licensed to operate the facility a works specification notice specifying —
work required to be carried out by the person on the facility so that this Act or a condition imposed on a licence is complied with; and
the period within which that work is to be carried out.
A licence holder may, within 14 days of receiving the notice referred to in subsection (3), lodge an objection to all or any of the works or to the time period specified in the notice, with the local government.
After considering an objection lodged under subsection (4) the local government may —
amend or cancel the works specification notice; or
refuse to amend the works specification notice,
and must give notice in writing of that decision to the licence holder.
A works specification notice and notice of a decision under subsection (5) is to state that the licence holder is entitled to apply to the State Administrative Tribunal for a review of the decision to give the works specification notice or the decision under subsection (5), as the case requires.
Subject to this section, a person is to carry out the works specified in a notice given under subsection (3) as approved by the local government within the time specified in that notice.
Penalty: $5 000.
[Section 21 amended: No. 55 of 2004 s. 97.]
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