Warning notice in respect of application for civil penalty order
36 Warning notice in respect of application for civil penalty order
The CEO cannot make an application for a civil penalty order against or in relation to a person unless —
the CEO has given a warning notice to the person; and
the time period specified in the notice within which the alleged contravention must be rectified has expired; and
the person has not rectified the alleged contravention to the satisfaction of the CEO.
A warning notice must —
identify the civil penalty provision that the CEO believes has been, or is being, contravened; and
describe the conduct that comprises the alleged contravention; and
request an explanation for the alleged contravention; and
request that the alleged contravention be rectified and specify the time period within which it must be rectified.
The time period referred to in subregulation (2)(d) must be reasonable having regard to the seriousness of the alleged contravention and the risk of adverse impacts on the environment or on the public confidence in the scheme.
[(4) deleted]
[Regulation 36 amended: Gazette 17 Dec 2019 p. 4355.]
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