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ENVIRONMENTAL PROTECTION ACT 1994 - SECT 362 Notice of disposal by recipient

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 362

Notice of disposal by recipient

362 Notice of disposal by recipient

(1) This section applies if the recipient of an environmental protection order proposes to dispose of the place or business to which the order relates to someone else (the
"buyer" ).
(2) Before agreeing to dispose of the place or business, the recipient must give written notice to the buyer of the existence of the order.
Penalty—
Maximum penalty—50 penalty units.
(3) If the recipient does not comply with subsection (2) , the buyer may rescind the agreement by written notice given to the recipient before the completion of the agreement or possession under the agreement, whichever is the earlier.
(4) On rescission of the agreement under subsection (3)
(a) a person who was paid amounts by the buyer under the agreement must refund the amounts to the buyer; and
(b) the buyer must return to the recipient any documents about the disposal (other than the buyer’s copy of the agreement).
(5) Subsections (3) and (4) have effect despite anything to the contrary in the agreement.
(6) Within 10 business days after agreeing to dispose of the place or business, the recipient must give written notice of the disposal to the administering authority.
Penalty—
Maximum penalty for subsection (6) —50 penalty units.