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ENVIRONMENT PROTECTION ACT 1993 - SECT 103Q

ENVIRONMENT PROTECTION ACT 1993 - SECT 103Q

103Q—Action on non-compliance with site contamination assessment order or site remediation order

        (1)         If—

            (a)         the requirements of a site contamination assessment order are not complied with; or

            (b)         a site remediation order requires remediation of the site by the person to whom it is issued and the requirements of the order are not complied with,

the Authority may take any action required by the order.

        (2)         Any action to be taken by the Authority under subsection (1) may be taken on the Authority's behalf by authorised officers or by other persons authorised by the Authority for the purpose.

        (3)         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.