CONTAMINATED LAND MANAGEMENT ACT 1997 - SECT 95 Other persons may institute proceedings with leave

CONTAMINATED LAND MANAGEMENT ACT 1997 - SECT 95

95 Other persons may institute proceedings with leave

(1) Any person may institute proceedings in the Land and Environment Court for an offence against this Act or the regulations if the Court grants the person leave to bring the proceedings.

(2) The Court is not to grant leave unless satisfied that--

(a) the EPA has decided not to take any relevant action (as defined in subsection (3)) in respect of the act or omission constituting the alleged offence or has not made a decision on whether to take such action within 90 days after the person requested the EPA to institute the proceedings, and

(b) the EPA has been notified of the proceedings, and

(c) the proceedings are not an abuse of the process of the Court, and

(d) the particulars of the offence disclose, without any hearing of the evidence, a prima facie case of the commission of the offence.

(3) Relevant action for the purposes of subsection (2) is not limited to the institution of criminal proceedings, but includes action under this Act to require the defendant to comply with an order under Part 3.