Victorian Consolidated Legislation

Environment Protection Act 1970 - SECT 62B

Special powers of authorized officers where imminent danger to life or limb or to the environment

62B. Special powers of authorized officers where imminent danger to life or
limb or to the environment



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

   (a)  if-

   (i)  pollutants have been or are being discharged;

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

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

   (iv) any industrial waste or potentially hazardous substance is being
        handled; and

   (b)  an authorized officer is of the opinion that there is or is likely to
        be imminent danger to life or limb or to the environment-

the authorized officer may give such directions either orally or in writing as
the authorized officer considers appropriate to remove, disperse, destroy,
dispose of, abate, neutralize or treat any pollutant, waste, substance,
environmental hazard or noise.

(2) Any costs incurred in complying with subsection (1) by any person who is
not the person who caused or permitted the situation described in subsection
(1)(a) are to be reimbursed to that person by the Authority.

(3) Where the Authority has reimbursed any costs under subsection (2) the
Authority may recover the costs from any person proved to have been the person
who caused or permitted the situation described in subsection (1)(a) in any
court of competent jurisdiction as a debt due to the Authority and when
recovered must be paid into the Consolidated Fund.

(4) No matter or thing done by an authorized officer or by any person under a
direction given by an authorized officer shall, if the matter or thing was
done in good faith in the exercise of the power conferred by this section on
an authorized officer, subject the authorized officer or that person
personally to any action, liability, claim or demand whatsoever.

(5) Any person who contravenes without reasonable cause a direction given by
an authorized officer under subsection (1) shall be guilty of an indictable
offence against this Act.

Penalty: 2400 penalty units.