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Prohibition of use or operation of aquatic facility

Environmental Public Health Act 1987

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—(1) The Director-General may, by written notice (called in this section the cessation notice), require the cessation (immediately or within the time specified in the cessation notice) of the use or operation of any aquatic facility or class of aquatic facilities (called in this section the relevant aquatic facility) for all or any of the purposes specified in subsection (2) if —(a)it appears to the Director‑General that —(i)the use or operation of the relevant aquatic facility is likely to endanger the health of any person and the cessation is necessary to prevent or manage that risk; or(ii)the cessation is necessary to prevent or manage the outbreak or spread of any infectious disease; or(b)in the case where the relevant aquatic facility is a licensable aquatic facility, the Director‑General is satisfied that any of the following (called in this section the applicable requirement) has been contravened in respect of the relevant aquatic facility:(i)any provision of this Part;(ii)any regulations made under section 111 in relation to licensable aquatic facilities;(iii)any condition of the aquatic facility licence for the relevant aquatic facility.(2) The purposes mentioned in subsection (1) are —(a)the taking and analysis of any materials (whether solid, liquid, gaseous or vapour) found in or on the relevant aquatic facility;(b)the cleaning or disinfecting of the relevant aquatic facility;(c)the conducting of investigations relating to the relevant aquatic facility or any outbreak, suspected outbreak or spread of any infectious disease; and(d)the implementation of remedial measures in relation to the relevant aquatic facility.(3) The cessation notice must be complied with by the owner or occupier of the premises in or on which the relevant aquatic facility is located (called in this section the responsible person).(4) The Director-General must, by written notice (called in this section the resumption notice), permit the resumption of the use or operation of the relevant aquatic facility when the Director‑General is satisfied that —(a)where the cessation notice is issued under subsection (1)(a)(i) — the use or operation of the relevant aquatic facility is no longer likely to endanger the health of any person;(b)where the cessation notice is issued under subsection (1)(a)(ii) — the cessation of the use or operation of the relevant aquatic facility is no longer necessary to prevent or manage the outbreak or spread of any infectious disease; or(c)where the cessation notice is issued under subsection (1)(b) — the Director‑General is satisfied that the responsible person is no longer in contravention of the applicable requirement.(5) Where the cessation notice or resumption notice applies to or affects a class of responsible persons, it may be published in any manner that the Director‑General thinks necessary for bringing it to the notice of those responsible persons.(6) Any person that contravenes any notice issued under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

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