ENVIRONMENT PROTECTION ACT 1997 (NO. 92 OF 1997) - SECT 125 Environment protection orders

ENVIRONMENT PROTECTION ACT 1997 (NO. 92 OF 1997) - SECT 125

125. (1) Where 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.

(2) An order shall be in writing and shall—

        (a)     identify the person on whom the order is served;

        (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;

        (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;

        (d)     require that specified action be taken, stopped or not commenced by the person; and

        (e)     set out the maximum penalty, on conviction, for a failure to comply with the order.

(3) 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 commence 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.

(4) In this section, a reference to a contravention of this Act shall be read as including a reference to a failure to comply with the general environmental duty.