WATER SUPPLY (SAFETY AND RELIABILITY) ACT 2008 - SECT 468
Regulator may engage expert and recover costs
WATER SUPPLY (SAFETY AND RELIABILITY) ACT 2008 - SECT 468
Regulator may engage expert and recover costs
468 Regulator may engage expert and recover costs
(1) This section applies if the regulator—
(a) reasonably believes a person
is contravening, or has contravened, a provision of this Act; and
(b)
reasonably considers the suspected contravention—
(i) has had, may have had,
or may have an adverse effect on public health; or
(ii) is a matter about
which the regulator requires expert advice including, for example, a matter
involving complex operational or technical issues.
(2) The regulator may
engage an expert with suitable qualifications, expertise or experience to
investigate and give advice about matters relevant to the suspected
contravention.
(3) If, after receiving the expert’s advice, the regulator
reasonably believes the person is contravening or has contravened a provision
of this Act, the regulator may give the person a notice claiming a stated
amount (the
"claimed amount" ) for the reasonable expenses incurred by the regulator in
engaging the expert.
(b) include a description of the reasonable expenses giving rise to the
claimed amount; and
(c) state that if the person does not pay the
claimed amount to the regulator within 30 days after the day the notice is
given, the regulator may recover the amount, and any interest payable on the
amount under subsection (6) , from the person as a debt; and
(d) include or
be accompanied by an information notice for the regulator’s decision about
whether the person is contravening, or has contravened, a provision of this
Act.
(4A) However, if the person has applied under section 512for a review
of the regulator’s decision about whether the person is contravening, or has
contravened, a provision of this Act, the regulator can not recover the
amount—
(a) until the internal review has been concluded; and
(b) unless
the review decision confirms the regulator’s decision.
(5) If the person
does not pay the claimed amount to the regulator within 30 days after the day
the notice is given, the amount, and any interest payable on the amount under
subsection (6) , may be recovered by the regulator as a debt.
(6) A
claimed amount that is a debt under subsection (5) bears interest at the rate
stated in a regulation.