ENVIRONMENT PROTECTION ACT 1993 - SECT 45
ENVIRONMENT PROTECTION ACT 1993 - SECT 45
(1) The Authority may
impose conditions of an environmental authorisation with respect to such
matters as are contemplated by this Act or as the Authority considers
necessary or expedient for the purposes of this Act.
(2) The Authority may
impose a condition of an environmental authorisation, or vary or revoke a
condition previously imposed by the Authority, by notice in writing to the
person holding the authorisation.
(3) The Authority may
impose or vary a condition of an environmental authorisation—
(a) on
the granting or renewal of the authorisation; or
(ab) if
the authorisation is granted or renewed for a term exceeding one year—at
any time during the period of three calendar months following the anniversary
of the date on which the authorisation was granted or renewed (provided that
such conditions may only be of a type described in section 52(1)); or
(b) at
any time—
(i)
with the consent of the person holding the authorisation;
or
(ii)
where the Authority considers that it is necessary to
impose or vary the condition in consequence of—
(A) contravention of this Act by the person
holding the authorisation; or
(B) risk of material or
serious environmental harm; or
(C) the making or amendment of an
environment protection policy; or
(D) the making or amendment of a
national environment protection measure; or
(iia)
if, in the case of a condition imposing a maximum allowable stockpile limit,
the Authority considers it necessary to impose or vary the condition in order
to promote the circulation of materials through the waste management process;
or
(iii)
as provided by a condition of the authorisation or a
provision of this Act or the regulations under this Act.
(4) The Authority may
revoke a condition at any time.
(5) The holder of an
environmental authorisation must not contravene a condition of the
authorisation.
Maximum penalty:
(a) in
the case of a body corporate—$120 000;
(b) in
the case of a natural person—$60 000.
Expiation fee:
(a) for
a prescribed condition—the corresponding prescribed expiation fee;
(b) for
any other condition (other than a reporting-deadline
condition)—$1 000.
(6) Where the holder
of an authorisation (including the holder of an authorisation that has been
suspended) fails to comply with a reporting-deadline condition, the Authority
may, by notice in writing, require the holder to make good the default and, in
addition, to pay the Authority the amount prescribed as a penalty for default.
(7) A penalty for
default payable under subsection (6) is recoverable by the Authority as a
debt due to the Authority.
(8) If a requirement
under a provision of this Act relates to activities carried on under an
environmental authorisation, the requirement will, subject to the terms of the
provision—
(a)
apply in relation to such activities, whether the environmental authorisation
authorising the activities was granted before or after the commencement of the
provision; and
(b)
prevail over conditions of such an environmental authorisation to the extent
of any inconsistency.
(9) In this
section—
"reporting-deadline condition" means a condition of a kind referred to in
section 52(1)(a) requiring a specified report on the results of tests or
monitoring to be made to the Authority before a specified date.