ENVIRONMENT PROTECTION ACT 1993 - SECT 52A
ENVIRONMENT PROTECTION ACT 1993 - SECT 52A
52A—Conditions requiring closure and post-closure plans
(1) The Authority may,
by conditions of an environmental authorisation granted in relation to an
activity, require the holder of the authorisation—
(a) to
prepare, in accordance with specified requirements and to the satisfaction of
the Authority, a plan for the cessation of the activity; and
(b) to
prepare, in accordance with specified requirements and to the satisfaction of
the Authority, a plan for the management and monitoring, after cessation of
the activity, of any land on which the activity was carried out; and
(c) to
comply with any plan so prepared to the satisfaction of the Authority.
(2) The Authority may
only impose conditions under this section on an environmental authorisation if
satisfied that the conditions are reasonably required for the purpose
of—
(a)
preventing or minimising environmental harm; or
(b)
dealing with stockpiled or abandoned waste or other matter,
that may result from the activity undertaken pursuant to the authorisation
after the activity has ceased.
(3) The regulations
may limit the circumstances in which conditions may be imposed under this
section or make any other provisions relating to the imposition of conditions
under this section.
(4) If the Authority
imposes any conditions on an environmental authorisation granted in relation
to an activity requiring the holder of the authorisation to prepare a plan
described in subsection (1)(b), the following provisions apply:
(a)
the Authority must specify the period during which compliance with the plan
will be required (which may be until a specified day or until the holder of
the authorisation satisfies the Authority that a specified event has occurred
or that compliance with specified standards has been achieved); and
(b) at
the end of the specified period, the Authority must notify the holder of the
authorisation, in writing, that compliance with the plan is no longer
required; and
(c) if
the Authority has notified the holder of the authorisation that compliance
with the plan is no longer required, the Authority may not issue an
environment protection order under section 93A for the purpose of
preventing or minimising environmental harm or dealing with stockpiled or
abandoned waste or other matter that may result from the activity.