ENVIRONMENT PROTECTION ACT 1993 - SECT 100
ENVIRONMENT PROTECTION ACT 1993 - SECT 100
(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contravention of this Act or a repealed environment law, the Authority may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.