Commentary on Sections Part 6 – Civil enforcement, emergency powers and further offences Section 89 – Undertakings referred to in section 87(5): enforcement
Regulations as to variable monetary penalties may also provide for the payment of a monetary penalty (‘a non-compliance penalty’) to the Department if a reservoir manager fails to comply with an undertaking under section 87(5). The amount of non-compliance penalty may not exceed the maximum amount of fine that would be imposed on summary conviction of the related offence. Subsection (3) requires the non compliance penalty to be imposed by serving a notice and for the reservoir manager to be given the opportunity to appeal to the Water Appeals Commission against the notice and subsection (5) provides the grounds for appeal as well as a power securing that the Commission may confirm or quash the decision.
The regulations may also enable the Department to reclaim directly from the reservoir manager the amount of any unpaid non-compliance penalty.