ENVIRONMENT PROTECTION ACT 2019 - SECT 182 Emergency environment protection notice issued by CEO

ENVIRONMENT PROTECTION ACT 2019 - SECT 182

    (1)     The CEO may issue an emergency environment protection notice to a person if:

        (a)     an environmental approval has been granted for an action; and

        (b)     the CEO believes on reasonable grounds that the action is causing significant environmental harm; and

        (c)     the CEO believes on reasonable grounds that urgent action is required for the protection of the environment and to meet the objects of this Act; and

        (d)     the CEO believes on reasonable grounds that a ground specified in section 109 for revocation of an environmental approval exists.

    (2)     The emergency environment protection notice may impose any requirements mentioned in section 178(1) that are reasonably required for the protection of the environment.

    (3)     An application to NTCAT for review of an emergency environment protection notice that imposes a requirement mentioned in section 178(1)(a), (b) or (c) or a requirement prescribed by regulation does not stay the operation of the notice.

    (4)     An emergency environment protection notice issued to a person under this section ceases to have effect at the end of 10 business days after it is issued unless before the end of that period:

        (a)     the Minister commences to amend the environmental approval under section 106; or

        (b)     a show cause notice is issued to the person under section 111.

    (5)     If subsection (4)(a) or (b) applies, the emergency environment protection notice continues in effect until:

        (a)     the process of amendment of the environmental approval under section 106 is completed; or

        (b)     the show cause process is completed under section 111; or

        (c)     the CEO revokes the emergency environment protection notice under section 184.