ENVIRONMENT PROTECTION ACT 1993 - SECT 54B

ENVIRONMENT PROTECTION ACT 1993 - SECT 54B

54B—Conditions requiring certificate of compliance

        (1)         The Authority may, by conditions of an environmental authorisation, require the holder of the authorisation to supply to the Authority certificates of compliance that include any of the following information:

            (a)         the extent to which the conditions of the authorisation have or have not been complied with;

            (b)         particulars of any failure to comply with the conditions and the reasons for such failure;

            (c)         any action taken, or to be taken, to prevent any recurrence of that failure or to mitigate the effects of that failure.

        (2)         A certificate of compliance must, if required by the Authority, be certified as correct by a person approved by the Authority.

        (3)         It is not an excuse for a person to refuse or fail to provide information required to be included in a certificate of compliance on the ground that to do so might tend to incriminate the person or make the person liable to a penalty.

        (4)         If compliance by a person with a requirement to include information in a certificate of compliance might tend to incriminate the person or make the person liable to a penalty, then the information included in compliance with the requirement is not admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty (other than proceedings in respect of the making of a false or misleading statement).