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.