Commentary on Sections Part 6 – Civil enforcement, emergency powers and further offences Section 91 – Recovery by the Department of certain costs
Regulations made under section 77(1) (stop notices) section 81(1) (enforcement undertakings) and section 86(1) (variable monetary penalties) may make provision for the Department to reclaim from the reservoir manager concerned costs reasonably incurred. Subsection (2) clarifies what kind of costs these may be. The regulations would have to give the reservoir manager a right of appeal to the Water Appeals Commission against the Department’s decision to reclaim costs and the amount of costs as well as provide a power to secure the Commission may confirm, quash or vary the Department’s decision.