ENVIRONMENTAL PROTECTION ACT 1994 - SECT 363C
Matters to consider before issuing a direction notice relating to particular emissions
ENVIRONMENTAL PROTECTION ACT 1994 - SECT 363C
Matters to consider before issuing a direction notice relating to particular emissions
363C Matters to consider before issuing a direction notice relating to
particular emissions
(1) This section applies to a contravention of section 440involving an
emission of aerosols, fumes, light, noise, odour, particles or smoke.
(2)
Before deciding to issue a direction notice in relation to the contravention,
the authorised person must—
(a) consider the general emission criteria
stated in subsection (3) ; and
(b) if the emission is of noise, consider the
noise emission criteria stated in subsection (4) ; and
(c) having regard to
those criteria, consider whether it would be appropriate to issue the
direction notice or to first try to resolve the matter in another way.
(3)
The general emission criteria, for a particular emission, are as follows—
(a) the emission’s characteristics or qualities;
(b) the emission’s
amount or rate;
(c) the duration and time of the emission;
(d) whether the
emission is continuous or fluctuating;
(e) the characteristics and qualities
of the receiving environment, including the types of emissions that could
reasonably be expected in the receiving environment;
(f) the emission’s
impact on the receiving environment;
(i) any views of the affected person about the emission of
which the authorised person is aware, including views about the degree of
interference caused, or likely to be caused, by the emission to lawful
activities at the place occupied by the affected person; and
(ii) the order
of occupancy between the person causing the emission and the affected person;
and
(iii) for the period during which the person causing the emission has
occupied the place from which the emission is generated and the
affected person has occupied the place affected by the emission—
(A) any
structural or other changes to either of those places; and
(B) any change to
the activities conducted at either of those places by the person causing the
emission or affected person;
(h) any mitigating measures that have been taken
or could reasonably have been taken by the person causing the emission.