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ENVIRONMENTAL PROTECTION ACT 1994 - SECT 507 Administering authority may accept enforceable undertakings

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 507

Administering authority may accept enforceable undertakings

507 Administering authority may accept enforceable undertakings

(1) The administering authority may accept a written undertaking (an
"enforceable undertaking" ) made by a person in relation to a contravention or alleged contravention by the person of this Act, other than an indictable offence.
(2) An enforceable undertaking must be—
(a) in the approved form; and
(b) accompanied by the fee prescribed by regulation.
(3) The administering authority must give the person written notice of—
(a) the administering authority’s decision to accept or reject the enforceable undertaking; and
(b) the reasons for the decision.
(4) The administering authority must not accept the enforceable undertaking unless the administering authority reasonably believes that the undertaking will—
(a) secure compliance with the Act ; and
(b) enhance the protection of the environment.
(5) If the administering authority decides to accept the enforceable undertaking, the administering authority must publish a copy of the undertaking on the administering authority’s website.
(6) The administering authority may accept an enforceable undertaking in relation to a contravention or alleged contravention at any time before any proceedings in relation to the contravention end.
(7) If the administering authority accepts an enforceable undertaking after proceedings in relation to the contravention have started, the administering authority must take all reasonable steps to have the proceedings discontinued as soon as practicable.