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ENVIRONMENT PROTECTION ACT 1993 - SECT 100

ENVIRONMENT PROTECTION ACT 1993 - SECT 100

100—Clean-up authorisations

        (1)         Where the Authority is satisfied that a person has caused environmental harm by a contravention of this Act or a repealed environment law, the Authority may (whether or not a clean-up order has been issued to the person) issue a clean-up authorisation under which authorised officers or other persons authorised by the Authority for the purpose may take specified action on the Authority's behalf to make good any resulting environmental damage.

        (2)         A clean-up authorisation

            (a)         must be in the form of a written notice;

            (b)         must specify the person alleged to have caused the environmental harm (whether by name or a description sufficient to identify the person);

            (c)         must specify the contravention alleged to have caused the environmental harm;

            (d)         may include authorisation for action to be taken to prevent or mitigate further environmental harm.

        (3)         The Authority must, as soon as practicable after issuing a clean-up authorisation, serve a copy of the authorisation on the person alleged to have caused the environmental harm.

        (4)         The Authority may, by notice in writing, vary or revoke a clean-up authorisation and must, as soon as practicable after doing so, serve a copy of the notice on the person alleged to have caused the environmental harm.

        (5)         Where a person other than an authorised officer is authorised to take action under subsection (1), the following provisions apply:

            (a)         the Authority must issue the person with an instrument of authority;

            (b)         the person may exercise such powers of an authorised officer as are reasonably required for the purpose of taking action under that subsection;

            (c)         the provisions of this Act apply in relation to the exercise of such powers by the person in the same way as in relation to an authorised officer;

            (d)         the person must produce the instrument of authority for the inspection of any person in relation to whom the person intends to exercise powers of an authorised officer.