ENVIRONMENT PROTECTION ACT 1997 - SECT 110 Disposal

ENVIRONMENT PROTECTION ACT 1997 - SECT 110

    (1)     Instead of releasing a thing under section 109 (1) (c), the authority may give written notice to—

        (a)     the owner of the thing; or

        (b)     the person who had possession, custody or control of the thing immediately before it was seized;

inviting the person to show why the thing should not be disposed of.

    (2)     If a notice is given under subsection (1) the authority must, at the same time, give public notice that a person who has a legal or equitable interest in the thing to be disposed may tell the authority about why it should not be disposed of.

Note     Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act

, dict, pt 1).

    (3)     A notice under subsection (1) or (2) must specify—

        (a)     the grounds on which the authority bases the authority's belief that the disposal of the thing is necessary; and

        (b)     the period (not shorter than 20 working days after the day on which the notice was given) after which the authority may cause the thing to be disposed of under subsection (4).

    (4)     The authority must—

        (a)     after the period specified in a notice under subsection (1) or (2) has ended; and

        (b)     after taking into account any representations made in response to the notice;

dispose of the thing if satisfied that the disposal is necessary to prevent or minimise any environmental harm caused, or likely to be caused, by the thing.

    (5)     If the authority is not satisfied that it is necessary to dispose of a thing, the authority must release the thing to its owner or the person who had possession, custody or control of the thing immediately before it was seized.

    (6)     If a thing is disposed of under subsection (4), the Territory must compensate the owner.