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This is an example of a prevention notice. If you receive a prevention notice you should get legal advice.
Case 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
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.
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:
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.
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.
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.
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.
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).
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.
This notice may only be varied by subsequent notices issued by Innercity Council.