ENVIRONMENT PROTECTION ACT 1997 - SECT 43 Authority may require environmental authorisation
ENVIRONMENT PROTECTION ACT 1997 - SECT 43
Authority may require environmental authorisation(1) Subject to subsection (2), the authority may notify a person in writing that the person is not to conduct, or continue to conduct, a specified activity unless the person holds an environmental authorisation in relation to that activity.
(2) The authority may notify a person under subsection (1) if the authority has reasonable grounds for believing—
(a) that, in conducting the specified activity, the person has contravened, is contravening or is likely to contravene a provision of this Act; and
(b) that, as a result, serious or material environmental harm has happened, is happening or is likely to happen.
(3) A notice under subsection (1) must contain a statement to the effect that, if the person wishes to obtain an environmental authorisation in relation to the specified activity, the person must lodge an application under section 47 on or before the date specified in the notice (not less than 10 working days after the date of the notice).
(4) The authority may, on application or on the authority's own initiative, revoke a notice under subsection (1) by written notice specifying the date when the revocation takes effect.