ENVIRONMENTAL PROTECTION ACT 1994 - SECT 358 When order may be issued

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 358

358 When order may be issued

The administering authority may issue an order (an
"environmental protection order" ) to a person—

(a) if the person does not comply with a requirement to conduct or commission an environmental evaluation and submit it to the authority; or

(b) if the person does not comply with a requirement to apply for the issue of a transitional environmental program; or

(c) if the authority is satisfied, because of an environmental evaluation conducted or commissioned by the person, unlawful environmental harm is being, or is likely to be, caused; or

(d) to secure compliance by the person with—

(i) the general environmental duty; or

(ii) an environmental protection policy; or

(iii) a condition of an environmental authority; or

(iv) a development condition of a development approval; or

(v) a prescribed condition for carrying out a small scale mining activity; or

(vi) a condition of a site management plan; or

(vii) a PRCP schedule; or

(viii) an audit notice; or

(ix) a surrender notice; or

(x) a rehabilitation direction; or

(xi) a regulation; or

(xii) an agricultural ERA standard; or

(e) if the person is, or has been, contravening any of the following provisions—

(i) section 363E ;

(ii) section 440Q ;

(iii) section 440ZG ;

(iv) a provision of chapter 8 , part 3E or 3F ; or

(f) in the circumstances stated in division 2 .