Queensland Consolidated Acts

PUBLIC HEALTH ACT 2005 - SECT 57A

57A Improvement notice

(1) This section applies if an authorised person appointed by the chief executive reasonably believes—

(a) a water service provider—

(i) is contravening section 57E or 57F ; or

(ii) has contravened section 57E or 57F in circumstances that make it likely the contravention will continue or be repeated; and

(b) a matter relating to the contravention can be remedied; and

(c) it is appropriate to give the water service provider an opportunity to remedy the matter.

(2) The authorised person may give the water service provider a notice (an
"improvement notice" ) requiring the water service provider to remedy the contravention or have the contravention remedied.

(3) The improvement notice must state the following—

(a) the provision the authorised person believes is being, or has been, contravened (the
"relevant provision" );

(b) that the authorised person reasonably believes the water service provider—

(i) is contravening the relevant provision; or

(ii) has contravened the relevant provision in circumstances that make it likely the contravention will continue or be repeated;

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

(d) the period within which the water service provider must remedy the contravention or have the contravention remedied;

(e) that it is an offence to fail to comply with the improvement notice unless the water service provider has a reasonable excuse.

(4) The period stated under subsection (3) (d) must be reasonable having regard to the risk to public health or safety posed by the contravention.

(5) The improvement notice may also state the reasonable steps that the authorised person considers necessary to remedy the contravention, or avoid further contravention, of the relevant provision.

Example of reasonable steps—

a requirement to issue notices about the need to boil water to remove contaminants from the water

(6) The authorised person must keep a copy of the improvement notice.

(7) The water service provider must comply with the improvement notice unless the provider has a reasonable excuse.

Penalty—

Maximum penalty—the maximum penalty for contravening the relevant provision.

(8) The water service provider can not be prosecuted for the offence for which the improvement notice is given unless the provider fails to comply with the improvement notice and does not have a reasonable excuse for the noncompliance.

(9) A water service provider may be prosecuted for the contravention of a relevant provision without an authorised person first giving an improvement notice for the contravention.