​ሕግንና ደንብን በተመለከተ እርዳታ ማግኘት ይፈልጋሉን? - Amharic | هل تحتاج لمساعدة قانونية؟ - Arabic | ܤܢܝܼܩܵܐ ܝ݇ܘ̤ܬ ܠܗܲܝܵܪܬܵܐ ܩܵܢܘܿܢܵܝܬܵܐ؟ - Assyrian | Need Legal Help? - Auslan | Treba li vam pravna pomoc? - Bosnian | Burmese â Need Legal Help? | 需要法律帮助吗? - Chinese Simplified | 需要法律幫助嗎? - Chinese Traditional | Trebate li pravnu pomoć? - Croatian | ضرورت به کمک قانونی دارید؟ - Dari | Wïc Kuɔɔny në Wɛ̈t Löŋ? - Dinka | آیا به کمک حقوقی نیاز دارید؟ - Farsi | Gadreva na Veivuke Vakalawa? - Fijian | Kailangan ninyo ba ng tulong na panglegal? - Filipino | Besoin d’aide juridique ? - French | Χρειάζεστε βοήθεια σε νομικά ζητήματα - Greek | क्या आपको कानूनी सलाह चाहिए? - Hindi | Butuhkan Bantuan dalam Masalah Hukum? - Indonesian | Hai bisogno di assistenza legale? - Italian | ត្រូវការជំនួយលើបញ្ហាផ្លូវច្បាប់ឬទេ? - Khmer | 법적인 도움이 필요하십니까? - Korean | Ви треба ли помош со правни работи? - Macedonian | कानूनी सहयोग चाहिएको छ? - Nepalese | Necessita de ajuda com questões jurídicas? - Portuguese | Вам нужна юридическая помощь? - Russian | E Manaomia Fesoasoani i Mea Tau Tulafono? - Samoan | а ли вам треба помоћ у правним питањима? - Serbian | Ma u baahan tahay Caawimmad xagga sharciga ah?- Somali | ¿Necesita ayuda con cuestiones jurídicas? - Spanish | சட்ட உதவி தேவையா? - Tamil | ท่านต้องการความช่วยเหลือทางด้านกฎหมายไหม? - Thai | Fiema’u ha tokoni Fakalao? - Tongan | Yasal Danışmaya İhtiyacınız mı var? - Turkish | Cần Được Giúp Đỡ Về Luật Pháp? - Vietnamese |
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Sample prevention notice

This is an example of a prevention notice.  If you receive a prevention notice you should get legal advice.  

Case studyCase study - Lucy Manners

Lucy owns and runs a local café that is located in a residential street. A neighbour has made a complaint to the local council about the level of noise coming from an extraction fan. Lucy is worried about what this will mean for her business.


Ms Lucy Manners

4 Big Street

SUBURB 2000

 

12 December 20XX

 

DIRECTION TO TAKE PREVENTATIVE ACTION

SECTION 96 PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997


DATED: 15 January 20XX

TO BE SERVED BY: Council Officer

TO: Ms Lucy Manners

PREMISES: 4 Small Street Suburb 2000

Innercity Council (Council) is the appropriate regulatory authority (ARA) pursuant to Section 6(2) of the Protection of the Environment Operations Act 1997 ("the POEO Act").  Council is authorised to give this direction under section 96 of the POEO Act.

Background

At approximately 12.30am on 10 December 20XX and 10 January 20XX an authorised officer of Innercity Council, conducted an inspection at 4 Small Street Suburb. This inspection was conducted in relation to complaints that have been received by Council that: there was very loud noise coming from a commercial extractor fan machinery on the premises.

The following environmentally unsatisfactory activity was observed:

  • The premises is a shop in a residential street. The premises appears to be being used as a café. Extractor fan and machinery is running inside and outside the building.
  • Innercity Council believes that this activity at the premises is being conducted in an 'environmetnally unsatsifactory' manner due to the noise created and the time it occurs. This notice is to require you to undertake such action, as is specified in the notice and within such period as is specified in the notice, to ensure that the activity is carried on in future in an environmetnally satisfactory manner. 


Direction to take preventive action

Innercity Council directs Ms Lucy Manners to take the following action:

1.   To ensure that extractor fan and machinery are not running between 10 pm and 8 am on Saturday, Sunday and public holidays and between 10 pm and 7 am every other day.

2.  To develop an action plan for reducing the noise of the extractor fan an machinery to a level of XX decibels and submit this plan to council for consideration.

TIMEFRAME:

1.   Preventative action to be completed with 28 days of the date of this notice.

This Notice is issued under Section 96 of the Protection of the Environment Operations Act 1997.

It is an offence against that Act not to comply with this Notice.

This Notice operates immediately and you may appeal against the Notice.

At the end of this Notice there is information about when the Notice begins to operate, the penalty for not complying with it and how you can appeal against the Notice.  

Yours faithfully

 

Council Officer

Innercity Council

 

INFORMATION ABOUT THIS PREVENTION NOTICE

Penalty for not complying with this direction to take preventative action

The maximum penalty that a court may impose on a corporation for not complying is $1,000,000 with a further $120,000; with a further $60,000 for each day the offence continues. The maximum penalty that a Court may impose on an individual for not complying is $250,000 with a further $60,000 for each day the offence continues.

Appeals against this notice

You may appeal to the Land and Environment Court against this Notice.  The deadline for lodging your appeal is 21 days after you were served with the Notice.

When this Notice begins to operate

This Notice is operational from the date of issue.  If an appeal is made against this Notice and the Land and Environment Court directs that this Notice is stayed, this Notice does not operate until the stay ceases to have effect or the appeal is withdrawn, whichever first occurs.

Other costs

The Protection of the Environment Operations Act allows Innercity Council to recover from you any reasonable costs and expenses it incurs in monitoring action taken under this Notice, ensuring the notice is complied with and associated matters.  (If you are going to be required to pay these costs and expenses you will later be sent a separate notice about this).

Continuing Obligation

Under Section 319A of the act, your obligation to comply with the requirements of this notice continues until the notice is complied with, even if the due date for compliance has passed.

Variation of this Notice

This notice may only be varied by subsequent notices issued by Innercity Council.