Notice to be complied with
43 Notice to be complied with
A person on whom a notice is binding must ensure that the requirements of the notice are complied with within such time as is specified in the notice.
Penalty: $500 000, and a daily penalty of $100 000.
If a person —
is convicted of an offence under subsection (1) in respect of a notice; or
in the opinion of the CEO, has not complied with a requirement of a hazard abatement notice within such time as is specified in the notice, subject to subsections (3) and (4),
the CEO may take such action as is necessary under section 53 to ensure that the requirements of the notice are complied with.
Before taking action under section 53 in the circumstances referred to in subsection (2)(b), the CEO is to give to the person, who in the opinion of the CEO has not complied with a requirement of the hazard abatement notice, written notice —
stating that in the opinion of the CEO the person has not complied with the requirement, or requirements, of the hazard abatement notice which is, or are, specified in the notice under this subsection; and
giving details of the proposed action.
Notice is not required to be given under subsection (3) if the Minister has given written approval for it to be dispensed with because, in the opinion of the Minister, there is an urgent need to take action to reduce or control the immediate and serious risk of harm to human health, the environment or an environmental value.
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