ENVIRONMENTAL PROTECTION ACT 1994 - SECT 363AD Order may be issued to related person of high risk company

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 363AD

363AD Order may be issued to related person of high risk company

(1) The administering authority may issue an environmental protection order under division 1 to a related person of a high risk company, whether or not an environmental protection order is being issued, or has been issued, to the high risk company.

(2) The order may impose any requirement on the related person that could be imposed on the high risk company under division 1 , as if the related person were the high risk company.

(3) If the high risk company has stopped holding an environmental authority, the order may include any requirements that could be imposed if the company still held the environmental authority.

Example—

The order may include a requirement to secure compliance with a condition of an environmental authority that the high risk company no longer holds.

(4) Also, the order may require the related person to—

(a) take action to prevent or minimise the risk of unlawful serious or material environmental harm—

(i) from a relevant activity; or

(ii) from contaminants on land on which the high risk company carries out, or has carried out, a relevant activity (whether or not the contaminants are the result of a relevant activity); or

(b) take action to rehabilitate or restore land because of environmental harm—

(i) from a relevant activity; or

(ii) from contaminants on land on which the high risk company carries out, or has carried out, a relevant activity (whether or not the contaminants are the result of a relevant activity); or

(c) give the administering authority a bank guarantee or other security for the related person’s compliance with the order.