New South Wales Consolidated Acts

PESTICIDES ACT 1999 - SECT 19

19 Environment Protection Authority may direct clean-up action

(1) The Environment Protection Authority may, by notice in writing, do either or both of the following:

(a) direct a person who is reasonably suspected by the Authority of causing or having caused any pesticide pollution,

(b) direct an occupier of premises at which the Authority reasonably suspects that any pesticide pollution is occurring or has occurred,

to take such reasonable clean-up action as is specified in the notice and within a reasonable period that is specified in the notice.

(2) The clean-up notice may require the person to whom the notice is given to furnish reports to the Environment Protection Authority regarding progress on the carrying out of the clean-up action.

(3) If the person given a clean-up notice complies with the notice but was not the person who caused the pesticide pollution, the cost of complying with the notice may be recovered by the person who complied with the notice as a debt in a court of competent jurisdiction from the person who caused the pesticide pollution.

(4) A person who, without reasonable excuse, does not comply with a clean-up notice given to the person is guilty of an offence.

Maximum penalty:

• in the case of a corporation-$120,000 and, in the case of a continuing offence, a further penalty of $60,000 for each day the offence continues, or

• in the case of an individual-$60,000 and, in the case of a continuing offence, a further penalty of $30,000 for each day the offence continues.