ENVIRONMENTAL PROTECTION ACT 1994 - SECT 363D Requirements of direction notices

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 363D

363D Requirements of direction notices

(1) A direction notice must state the following—

(a) that the authorised person believes the person—

(i) is contravening a prescribed provision; or

(ii) has contravened a prescribed provision in circumstances that make it likely the contravention will continue or be repeated;

(b) the particular prescribed provision the authorised person believes is being, or has been, contravened;

(c) briefly, how it is believed the prescribed provision is being, or has been, contravened;

(d) the time by which the person must remedy a stated matter relating to the contravention;

(e) that it is an offence to fail to comply with the direction notice unless the person has a reasonable excuse;

(f) the maximum penalty for failing to comply with the direction notice;

(g) the review or appeal details.

(2) The time under subsection (1) (d) must be reasonable having regard to—

(a) the action required to remedy the matter relating to the contravention; and

(b) the risk to human health or the natural environment, or risk of loss or damage to property, posed by the contravention; and

(c) how long the person has been aware of the matter relating to the contravention, for example, because an authorised person has previously made an oral requirement that the matter relating to the contravention be remedied.

(3) The notice may also state the reasonable steps the authorised person considers necessary to—

(a) remedy the matter relating to the contravention of the prescribed provision, including, for example, requiring a person to clean up, fix or rectify environmental harm caused by the contravention; or

(b) avoid further contravention of the prescribed provision.