Victorian Consolidated Legislation

Environment Protection Act 1970 - SECT 28B

Abatement notice

28B. Abatement notice



(1) Where the Authority is satisfied that any waste being discharged into the
works of a sewerage authority-

   (a)  is the cause of, or a significant contributing factor to, an occupier
        of a sewage treatment plant licensed under this Act that is connected
        to those works failing to comply with, or being in contravention of,
        any condition, limitation or restriction to which the licence is
        subject; or





   (b)  does not comply with any standard prescribed for the purposes of this
        section-

the Authority may serve an abatement notice upon the occupier of the premises
from which the waste is being discharged.

(2) An abatement notice served under this section may require the occupier of
the premises on whom it is served to do any one or more of the following-

   (a)  to ensure that the discharge to which the abatement notice relates-

   (i)  is reduced by an amount;

   (ii) is reduced to a limit; or

   (iii) is otherwise modified-

as specified in the abatement notice;

   (b)  to submit to the Authority the information, including plans and
        specifications for plant and equipment, specified in the abatement
        notice with respect to the means whereby the discharge to which the
        abatement notice relates may be reduced or controlled as specified in
        the notice;

   (c)  to install, alter, operate or maintain as the abatement notice may
        specify apparatus, plant or structures to prevent or control the
        discharge to which the abatement notice relates;

   (d)  to provide monitoring equipment and to carry out a monitoring program
        as specified in the abatement notice;

   (e)  to take such measures as specified in the abatement notice to control
        the quality or quantity of waste to which the notice relates.

(3) The Authority may by notice of amendment in writing served on the occupier
of any premises on whom an abatement notice under this section has been
served-

   (a)  extend the period if any for compliance with a requirement specified
        in the abatement notice where the Authority is satisfied that the
        circumstances of the case justify an extension of that period; or

   (b)  revoke or amend any requirement specified in the abatement notice.

(4) An abatement notice and any notice of amendment shall not take effect
until a day specified in the abatement notice or notice of amendment being a
day not less than 30 days after the day on which the abatement notice or
notice of amendment is served.

(5) An occupier upon whom an abatement notice or notice of amendment has been
served who contravenes a requirement in the notice shall be guilty of an
indictable offence against this Act and liable to a penalty of not more than
2400 penalty units and in the case of a continuing offence to an additional
daily penalty of not more than 1200 penalty units for each day upon which the
offence continues after conviction or after service by the Authority on that
person of notice of contravention of this section.



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