Australian Capital Territory Consolidated Acts

ENVIRONMENT PROTECTION ACT 1997 - SECT 69

    (1)     The authority may by written notice require a person conducting, or proposing to conduct, an activity to prepare or cause to be prepared and to submit for approval to the authority a draft environmental improvement plan in relation to the activity if the authority—

        (a)     has reasonable grounds for believing—

              (i)     that, in conducting the activity, the person has contravened, is contravening or is likely to contravene an environmental authorisation, an environmental protection order or a provision of this Act; and

              (ii)     that, as a result, serious or material environmental harm has happened, is happening or is likely to happen; and

        (b)     is satisfied that changes in the method of conducting the activity would reduce the likelihood of that contravention or resultant harm.

    (2)     A notice under subsection (1) must—

        (a)     specify the grounds on which the draft environmental improvement plan is required; and

        (b)     outline the facts and circumstances forming the basis for the grounds; and

        (c)     specify any particular matters that must be addressed in the draft plan; and

        (d)     specify a date, not earlier than 20 working days after the date of the notice, on or before which the person must submit the draft plan to the authority; and

        (e)     specify—

              (i)     the fee that must be paid when the draft plan is submitted; or

              (ii)     the rate at which, or the formula or other method by which, that fee is to be calculated.

    (3)     A person must not fail to comply with a notice under subsection (1).

Maximum penalty (subsection (3)): 50 penalty units.