ENVIRONMENT PROTECTION ACT 1997 - SECT 125 Environment protection orders
ENVIRONMENT PROTECTION ACT 1997 - SECT 125
Environment protection orders(1) If the authority has reasonable grounds for believing that a person has contravened or is contravening an environmental authorisation or a provision of this Act, the authority may serve an environment protection order on the person.
Note For how documents may be served, see the Legislation Act
, pt 19.5.
(2) If the authority is satisfied that land is contaminated, but has reasonable grounds for believing that if the land were—
(a) to continue to be used for its present use; or
(b) to be used for a specified use, or a use in a specified class of uses, other than its present use;
it would not cause, or would not be likely to cause, a significant risk of harm to human health or a significant risk of material environmental harm or serious environmental harm, the authority may serve an environment protection order on the relevant person in relation to the land.
(3) If the authority is satisfied that land is contaminated but has reasonable grounds for believing that the contamination is not, or is not likely to, cause a significant risk of harm to human health or a significant risk of material environmental harm or serious environmental harm while measures for its containment continue, the authority may serve an environment protection order on the relevant person in relation to the land.
(4) An order must be in writing and must—
(a) identify the person on whom the order is served; and
(b) if the order is grounded on a contravention of this Act, specify—
(i) the provision of this Act alleged to have been contravened; and
(ii) the nature of, and the day, time and place of, the alleged contravention; and
(c) if the order is grounded on a contravention of an environmental authorisation, specify—
(i) the condition of the authorisation alleged to have been contravened; and
(ii) the nature of, and the day, time and place of, the alleged contravention; and
(d) if the order is served under subsection (2) or (3)—
(i) the nature of the substances in, on or under the land the subject of the order; and
(ii) the grounds on which the authority holds its belief; and
(e) require that specified action be taken, stopped or not begun by the person; and
(f) set out the maximum penalty, on conviction, for a failure to comply with the order.
(5) An order may impose any requirement reasonably required for the purposes for which the order is served, including 1 or more of the following:
(a) that the person stop or not begin a specified activity indefinitely or for a specified period;
(b) that the person undertake, within a specified period—
(i) specified action to remedy specified environmental harm; and
(ii) if appropriate, specified action to prevent or mitigate further environmental harm;
(c) that the person undertake, within a specified period, specified action for the restoration of the environment in a public place or for the public benefit;
(d) that the person undertake, within a specified period, any other specified action;
(e) that the person not conduct a specified activity except during specified times or subject to specified conditions;
(f) that the person provide specified information to the authority in relation to the environmental impact of an activity being conducted by the person.
(6) In this section, a reference to a "contravention "of this Act includes a reference to a failure to comply with the general environmental duty.
(7) In this section:
"relevant person", in relation to land, means—
(a) the occupier of the land; and
(b) if the occupier is not the lessee—the lessee; and
(c) if the land is land under a land sublease and the occupier is not the sublessee—the sublessee.