WASTE REDUCTION AND RECYCLING ACT 2011 - SECT 250 General requirements of compliance notices

WASTE REDUCTION AND RECYCLING ACT 2011 - SECT 250

250 General requirements of compliance notices

(1) A compliance notice must state the following—

(a) that the chief executive believes the person has contravened or is contravening a prescribed provision;

(b) the particular prescribed provision the chief executive believes has been, or is being, contravened;

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

(d) if the notice requires the person to refrain from contravening the prescribed provision—either of the following—

(i) a period for which the requirement applies;

(ii) if the notice relates to a contravention of section 107 (1) , 108 , 109 (1) or (2) or 146 (2) —that the requirement applies until further notice;

(e) if the notice requires the person to remedy the contravention—the time by which the person must remedy the contravention;

(f) that it is an offence to fail to comply with the compliance notice unless the person has a reasonable excuse;

(g) the maximum penalty for failing to comply with the compliance notice.

(2) The time under subsection (1) (e) must be reasonable having regard to the action required to remedy the contravention.

(3) The notice may also state the reasonable steps the chief executive considers necessary to remedy the contravention, or avoid further contravention, of the prescribed provision.

(4) If the compliance notice requires the person to do more than 1 thing, it may state different periods within which the things are required to be done.