130Chief executive may accept enforceable undertakings

1. The chief executive may accept an enforceable undertaking given by a person in writing in connection with a matter that relates to a contravention or an alleged contravention by the person of this Act, a legislative requirement, or a drinking water safety plan.

2. However, the chief executive may refuse to accept the enforceable undertaking under subsection (1) if it does not provide for the person giving the undertaking to reimburse any costs and expenses incurred by the chief executive in relation to—

3. the undertaking; or
4. the contravention or alleged contravention.

5. The chief executive must not accept an enforceable undertaking under subsection (1) if the chief executive believes that the contravention or alleged contravention would amount to an offence against section 171, 173, or 174.

6. The giving of an enforceable undertaking does not constitute an admission of guilt by the person giving it in relation to the contravention or alleged contravention to which the undertaking relates.

7. For the purposes of subsection (1A), the costs and expenses of the chief executive include any costs or expenses incurred by, or in relation to, an employee, an agent, or a contractor of the Water Services Authority.