ENVIRONMENTAL PROTECTION ACT 1994 - SECT 363K Taking action in place of recipient

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 363K

363K Taking action in place of recipient

(1) This section applies if—

(a) the recipient of a clean-up notice fails to comply with it within the period stated in the notice; or

(b) the operation of the decision to issue a clean-up notice is stayed under section 539B .

(2) An authorised person, or person acting under the direction of an authorised person (the
"contractor" ), may take any of the actions stated in the clean-up notice.

(3) For subsection (2) , the authorised person or contractor may enter land on which the actions are required to be taken—

(a) with the consent of the owner and occupier of the land; or

(b) if the authorised person or contractor has given at least 5 business days written notice, complying with section 363J (3) , to the owner and occupier.

(4) If the authorised person or contractor enters land under subsection (3) , section 363J (4) to (7) applies as if a reference in the provisions to the recipient or contractor were a reference to the authorised person or contractor.

(5) Subsections (3) and (4) do not limit another provision of this Act under which an authorised person may enter land.

Note—

See also sections 452 and 458 in relation to the power to enter a place to take the actions.