Victorian Consolidated Legislation

Environment Protection Act 1970 - SECT 62

Abatement of pollution in certain cases

62. Abatement of pollution in certain cases









(1) Notwithstanding anything to the contrary in this Act, where-

   (a)  pollutants have been or are being discharged;

   (b)  a condition of pollution is likely to arise;

   (c)  any substantial noise is being emitted;

   (d)  any industrial waste or potentially hazardous substance appears to
        have been abandoned or dumped; or

   (e)  any industrial waste or potentially hazardous substance is being
        handled in a manner which is likely to cause an environmental hazard-

the Authority may conduct a clean up or cause a clean up to be conducted as
the Authority considers necessary.

(2) The Authority may recover any reasonable costs incurred by the Authority
in taking any action under subsection (1) from the person who caused the
action to be taken or the occupier of the premises on which anything referred
to in subsection (1)(a) to (e) has occurred in any court of competent
jurisdiction as a debt due to the Authority and when recovered is to be paid
into the Consolidated Fund.

(2A) Reasonable costs includes labour, administrative and overhead costs
determined on such basis as the Authority considers appropriate incurred as a
result of or apportionable to any action taken by the Authority under
subsection (1).

(3) If the Authority cannot recover costs under subsection (2) from the
occupier of the premises on which anything referred to in subsection (1)(a) to
(e) has occurred the costs become a charge on the property of the occupier or
the land of which the premises forms part as the case may be after an
advertisement under subsection (3A) has been published three times in a
newspaper circulating in the locality of the premises.

(3A) The advertisement must specify-

   (a)  the purpose of the advertisement and the section of this Act under
        which it is made; and

   (b)  the amount in respect of which the charge is to be imposed; and

   (c)  the land on which the charge is to be imposed.

(4) If the property charged is land, the Authority may deposit with the
Registrar of Titles a certificate under seal describing the land to be charged
and stating the amount of the charge.



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(6) The Registrar of Titles must make in the Register a recording of a
certificate lodged under this section.





(7) Despite subsection (3), if the property charged is land, the charge does
not take effect until the Registrar of Titles makes a recording of the charge
in the Register.







(8) If the property charged is land and the amount due for costs is paid or
recovered, the Authority must inform the Registrar of Titles in writing that
the charge no longer applies.



(9) The Registrar of Titles must delete the recording of the charge from the
Register or make a recording in the Register of the payment or recovery of the
charge.





(10) If-

   (a)  a charge under this section has existed for at least 12 months; and

   (b)  an amount is still owing under the charge-

the Authority may serve a notice of intention to sell the property.





(11) A notice must-

   (a)  be in writing; and

   (b)  be served by-

   (i)  displaying a copy of the notice on the property (if this is possible);
        and

   (ii) publishing a copy of the notice once in a newspaper circulating
        generally in the area in which the property is located and once in a
        newspaper circulating throughout Victoria- not less than 1 month
        before the intended sale.

(11A) If the land to be sold is not under the Transfer of Land Act 1958, it
must be brought under that Act before it is sold.



(12) Section 77 of the Transfer of Land Act 1958 applies to the sale as if-

   (a)  the charge were a registered first mortgage registered in priority to
        other registered encumbrances; and

   (b)  the Authority were a mortgagee under that mortgage; and

   (c)  the owner of the land were a mortgagor under that mortgage; and

   (d)  the requirement relating to the giving of notice were deleted; and

   (e)  subsection (3)(d) were deleted.



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(14) If there is any amount left over from a sale of property after the
Authority has deducted its charge and any costs associated with realizing the
charge, and the owner of the property still cannot be found, the Authority
must pay the amount to the Registrar of Unclaimed Money.





(15) Any money recovered by the Authority under a charge under this section is
to be paid into the Consolidated Fund.