ENVIRONMENT PROTECTION ACT 2019 - SECT 223 Emergency authorisations

ENVIRONMENT PROTECTION ACT 2019 - SECT 223

    (1)     The CEO may, by written notice, issue an emergency authorisation to a person to authorise an act or omission that might otherwise constitute a contravention of this Act or an environmental approval if the CEO is satisfied that:

        (a)     urgent circumstances exist; and

        (b)     the act or omission is justified:

            (i)     by the need to protect the environment; or

            (ii)     by the need to protect critical public infrastructure; or

            (iii)     otherwise in the circumstances; and

        (c)     unless the CEO waives this requirement – the person has paid the fee prescribed by regulation.

    (2)     In determining whether urgent circumstances exist, the CEO may take into account whether the circumstances arose because the person contravened the duties and obligations placed on the person under this Act or the environmental approval.

    (3)     An emergency authorisation may be issued subject to any conditions that the CEO considers appropriate and specifies in the authorisation.

    (4)     A person is not liable for an offence against this Act relating to an act or omission that is authorised under this section.

    (5)     A person who would, but for an emergency authorisation, have contravened a provision of this Act is, despite the authorisation, taken to have contravened that provision for:

        (a)     any proceedings under Part 10 in relation to the contravention; and

        (b)     the issuing or enforcement of an environment protection notice in relation to the contravention .

    (6)     In this section:

"critical public infrastructure" means infrastructure for the public or for use by the public including roads, dams and bridges.