Victorian Consolidated Legislation

Environment Protection Act 1970 - SECT 62A

Notice to take clean up and on-going management measures

62A. Notice to take clean up and on-going management measures







(1) Notwithstanding anything to the contrary in this Act, the Authority may by
notice in writing direct-





   (a)  the occupier of any premises upon or from which pollution has occurred
        or been permitted to occur;

   (b)  the person who has caused or permitted the pollution to occur;



   (c)  any person who appears to have abandoned or dumped any industrial
        waste or potentially hazardous substance; or

   (d)  any person who is handling industrial waste or a potentially hazardous
        substance in a manner which is likely to cause an environmental
        hazard-

to take the clean up and on-going management measures as specified in the
notice.

(1AA) Notwithstanding anything to the contrary in this Act, the Authority may
by notice in writing direct a corporation to take the clean up and on-going
management measures as specified in the notice if-

   (a)  a person referred to in subsection (1)(b) or (1)(c) was a subsidiary,
        related entity or associated entity over which the corporation had
        control at the time that the conduct referred to in that subsection
        occurred; and

   (b)  having regard to the nature and extent of the control by the
        corporation over the subsidiary, related entity or associated entity
        and any other relevant circumstances, either subparagraph (i) or (ii)
        applies-

   (i)  the corporation or one or more of the directors of the corporation
        were aware of the conduct of the subsidiary, related entity or
        associated entity; or

   (ii) it is reasonable to expect that a corporation in the corporation's
        circumstances or one or more of the directors of the corporation would
        have been aware of the conduct of the subsidiary, related entity or
        associated entity; and



   (c)  the Authority is not reasonably satisfied that the corporation or one
        or more of the directors of the corporation took all reasonable steps
        to prevent the conduct of the subsidiary, related entity or associated
        entity.

(1A) The Authority may specify in the notice any condition, requirement,
restriction, performance standard or level that it thinks fit, including-

   (a)  a condition or requirement that things specified in the notice are to
        be done to the satisfaction of the Authority; and

   (b)  a condition or requirement that things specified in the notice are to
        be done forthwith or by any day or date or within or over any period
        as specified in the notice; and

   (c)  a condition or requirement that clean up and on-going management
        measures are to be carried out in stages by any day or date within or
        over any period as specified in the notice; and

   (d)  a condition or requirement that any measurement, recording, sample,
        report, plan, drawing, document, calculation, test, analysis or thing
        be lodged with the Authority or be approved by the Authority before
        any clean up and on-going management measures or things specified in
        the notice are carried out.

(1B) The clean up and on-going management measures directed by the Authority
to be taken are to be completed and performed as specified in the notice,
notwithstanding anything to the contrary in-

   (a)  the Planning and Environment Act 1987 or any regulation, planning
        scheme or permit made, approved or granted under that Act; and

   (b)  the Building Act 1993 or any regulation or permit made or granted
        under that Act.



(2) On the application of the occupier of any premises which is the subject of
a notice, a court of competent jurisdiction may order that the person
described in subsection (1)(b), (1)(c) or (1)(d) compensate the occupier for
any costs incurred by the occupier which the court is satisfied are reasonable
and were incurred in good faith in complying with the notice or under
subsection (4).

(3) Any person to whom a notice under subsection (1) or (1AA) is directed who
contravenes without reasonable cause the requirements of the notice shall be
guilty of an indictable offence against this Act.

Penalty: 2400 penalty units.

(4) The Authority may recover any reasonable costs incurred by the Authority
in issuing a notice under subsection (1) or (1AA) from the person to whom the
notice is issued in any court of competent jurisdiction as a debt due to the
Authority.

(5) Any money recovered under subsection (4) is to be paid into the
Consolidated Fund.



(6) For the purposes of subsection (4), reasonable costs includes labour,
administrative and overhead costs determined on such basis as the Authority
considers appropriate.

(7) In this section, associated entity, control, related entity and subsidiary
have the same meanings respectively as they have in the Corporations Act.