Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies if the Inspector - General is satisfied that a person:
(a) has contravened, is contravening or is likely to contravene a provision of Part 2 or of the regulations made for the purposes of Part 2; or
(b) has engaged in, is engaging in or is likely to engage in conduct that:
(i) was, is or would be inconsistent with the Basin Plan or a water resource plan; or
(ii) prejudiced, is prejudicing, or would prejudice, the effectiveness or the implementation of the Basin Plan or a water resource plan; or
(iii) had, is having or would have an adverse effect on the effectiveness or the implementation of the Basin Plan or a water resource plan; or
(c) has omitted, is omitting or is likely to omit to perform an act, where the omission:
(i) was, is or would be inconsistent with the Basin Plan or a water resource plan; or
(ii) prejudiced, is prejudicing, or would prejudice, the effectiveness or the implementation of the Basin Plan or a water resource plan; or
(iii) had, is having or would have an adverse effect on the effectiveness or the implementation of the Basin Plan or a water resource plan.
(2) The Inspector - General may, by written notice given to the person, direct the person to take the action specified in the notice for any or all of the following purposes:
(a) to ensure that the person does not engage in conduct of that kind in the future;
(b) to ensure that the person does not omit to perform acts of that kind in the future;
(c) to remedy, or make good, any adverse consequences of the conduct, or the omission, on the health or continued availability of Basin water resources.
Note: The Inspector - General's power to direct a person under this subsection is limited as provided by subsection (6).
(3) Without limiting paragraph (2)(c), the Inspector - General may direct the person under subsection (2) not to exercise some or all of:
(a) the water access rights; or
(b) the irrigation rights; or
(c) the water delivery rights;
that the person holds.
(4) A notice under subsection (2) must:
(a) set out the name of the person to whom the notice is given; and
(b) set out brief details of the alleged contravention, likely contravention, conduct, likely conduct, omission or likely omission; and
(c) contain a statement about the effect of section 166; and
(d) if it is given in relation to an alleged contravention--be given less than 6 years after contravention.
(5) The Inspector - General may give a person a notice under subsection (2) in relation to conduct, or an omission, even if that conduct or omission constitutes an offence against, or a contravention of, a law of a State or a Territory.
Application of this section
(6) If the Inspector - General is satisfied that a person:
(a) has engaged in, is engaging in or is likely to engage in conduct referred to in paragraph (1)(b); or
(b) has omitted, is omitting or is likely to omit to perform an act and the omission is covered by paragraph (1)(c);
the Inspector - General may direct the person under subsection (2) only if:
(c) the direction gives effect to a relevant international agreement; or
(d) the person is a constitutional corporation; or
(e) the direction relates to conduct or an omission that has affected, is affecting or is likely to affect the activities of a constitutional corporation; or
(f) the direction relates to conduct or an omission that took place, is taking place or is likely to take place in the course of trade or commerce:
(i) with other countries; or
(ii) among the States; or
(iii) between a State and a Territory; or
(g) the direction relates to conduct or an omission that took place, is taking place or is likely to take place in a Territory; or
(h) the direction relates to conduct that took place, is taking place or is likely to take place using a postal, telegraphic, telephonic or other like service (within the meaning of paragraph 51(v) of the Constitution); or
(i) the person is an agency of the Commonwealth.