ENVIRONMENT PROTECTION ACT 1993 - SECT 83
ENVIRONMENT PROTECTION ACT 1993 - SECT 83
83—Notification where serious or material environmental harm caused or
threatened
(1) If serious or
material environmental harm from pollution is caused or threatened in the
course of an activity undertaken by a person, the person must, as soon as
reasonably practicable after becoming aware of the harm or threatened harm,
notify the Authority of the harm or threatened harm, its nature, the
circumstances in which it occurred and the action taken to deal with it.
Maximum penalty:
(a) in
the case of a body corporate—$250 000;
(b) in
the case of a natural person—$150 000.
(2) For the purposes
of subsection (1)—
(a) a
person is not required to notify the Authority of harm or threatened harm if
the person has reason to believe that the harm or threatened harm has already
come to the notice of the Authority or any officer engaged in the
administration or enforcement of this Act; but
(b) a
person is required to notify the Authority of harm or threatened harm despite
the fact that to do so might incriminate the person or make the person liable
to a penalty.
(3) Any notification
given by a person in compliance with this section 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).