SOUTH-EAST QUEENSLAND WATER (DISTRIBUTION AND RETAIL RESTRUCTURING) ACT 2009 - SECT 53DK Requirements for discharge compliance notice

SOUTH-EAST QUEENSLAND WATER (DISTRIBUTION AND RETAIL RESTRUCTURING) ACT 2009 - SECT 53DK

53DK Requirements for discharge compliance notice

(1) A discharge compliance notice must state the following—

(a) that the discharge officer reasonably believes the approval holder—

(i) is contravening a provision of the holder’s trade waste approval or seepage water approval; or

(ii) has contravened the holder’s trade waste approval or seepage water approval in circumstances that make it likely the contravention will continue or be repeated;

(b) the provision the discharge officer believes is being, or has been, contravened;

(c) briefly, how it is believed the provision is being, or has been, contravened;

(d) that the approval holder must remedy the contravention within a stated reasonable period;

(e) that it is an offence to fail to comply with the notice unless the approval holder has a reasonable excuse;

(f) that, within 30 business days after the notice is given, the person may apply for an internal review of the decision to give the notice;

(g) how the person may apply for the review.

(2) A discharge compliance notice may also state—

(a) the reasonable steps that the discharge officer is satisfied are necessary to remedy the contravention, or avoid further contravention, of the provision; or

(b) performance outcomes to show that the contravention has been remedied or the further contravention will be avoided.

(3) If a discharge compliance notice requires the approval holder to do an act involving the carrying out of work, it also must give details of the work involved.

(4) If a discharge compliance notice requires the approval holder to refrain from doing an act, it also must state—

(a) a period for which the requirement applies; or

(b) that the requirement applies until further notice.

(5) A discharge compliance notice may be accompanied by, or included in, any of the following under the Water Supply Act given for the approval holder’s trade waste approval or seepage water approval—

(a) a show cause notice mentioned in section 183 (1) ;

(b) an information notice mentioned in section 184 (3) .