Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations(1) An authorised person may give a person occupying premises (the occupier ) written notice (a waste rectification notice ) if the authorised person believes on reasonable grounds that the occupier's conduct in relation to waste storage or collection is an offence against this part.
(2) A waste rectification notice must state the following:
(a) that it is a waste rectification notice under this section;
(b) a unique identifying number for the notice;
(c) the name of the occupier, and a description of the premises, that are the subject of the notice;
Examples—description of premises
1 the street address
2 the distinguishing number or name given to a division, block or section under the Districts Act 2002
, and on which the premises are located to describe the land
Note An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act
, s 126 and s 132).
(d) the grounds on which the notice is given, including—
(i) the occupier's alleged conduct; and
(ii) the offence against this part the occupier is believed to have committed;
(e) that the occupier take action stated in the notice ( rectification action ) before the day stated in the notice (the compliance day );
(f) particulars of the rectification action and compliance day;
(g) that the occupier may be prosecuted for an offence against this part if the occupier fails to take the rectification action before the compliance day;
(h) contact details for the authorised person who gave the notice.
Note For how documents may be given, see the Legislation Act
, pt 19.5.
(3) When deciding the compliance day for the notice, the authorised person must—
(a) take into account the need to—
(i) reduce any risk to public health; and
(ii) allow a reasonable time for an occupier to carry out the rectification action in the circumstances; and
(b) not state a day that is less than 2 days after the day the notice is given to the occupier.
(4) If the identity of the occupier is not known to the authorised person at the time the notice is given, the waste rectification notice may be addressed to ‘the occupier' or ‘the householder'.