ENVIRONMENTAL PROTECTION ACT 1994 - SECT 320A
Application of div 2
ENVIRONMENTAL PROTECTION ACT 1994 - SECT 320A
Application of div 2
320A Application of div 2
(1) This division applies if a person—
(a) while carrying out an activity
(the
"primary activity" ), becomes aware that an event has happened that causes or
threatens serious or material environmental harm because of the person’s or
someone else’s act or omission in carrying out the primary activity or
another activity being carried out in association with the primary activity;
or
(b) while carrying out a resource activity, other than a mining activity
(also the
"primary activity" ), becomes aware of the happening of 1 or both of the
following events—
(i) the activity has negatively affected, or is reasonably
likely to negatively affect, the water quality of an aquifer;
(ii) the
activity has caused the connection of 2 or more aquifers.
(2) Also, this
division applies to a person who—
(a) is—
(i) the owner or occupier of
land; or
(ii) an auditor performing an auditor’s function mentioned in
section 568(b) ; or
(iii) a rehabilitation auditor conducting an audit of a
PRCP schedule under chapter 5 , part 12 ; and
(b) becomes aware of—
(i) the
presence of, or happening of an event involving, a hazardous contaminant on
the land that is causing, or is reasonably likely to cause, serious or
material environmental harm; or
(ii) if the land is contaminated land—a
change in the condition of the land that is causing, or is reasonably likely
to cause, serious or material environmental harm; or
(iii) a notifiable
activity having been carried out, or being carried out, on the land.
Note—
See subdivision 3A about the duty of a person mentioned in subsection (2) .
(3) This division applies to a local government that becomes aware of—
(a)
the presence of, or happening of an event involving, a hazardous contaminant
in the local government area that is causing, or is reasonably likely to
cause, serious or material environmental harm; or
(b) a change in the
condition of contaminated land in the local government area that is causing,
or is reasonably likely to cause, serious or material environmental harm; or
(c) a notifiable activity having been carried out, or being carried out, on
land in the local government area.
Note—
See subdivision 3B for the duty
of a local government mentioned in subsection (3) .
(4) However, this
division does not apply if the event is authorised to be caused under—
