ENVIRONMENT PROTECTION ACT 2017 - SECT 121 Waste abatement notice
ENVIRONMENT PROTECTION ACT 2017 - SECT 121
Waste abatement notice(1) The Authority, any other litter authority or a litter enforcement officer may issue a person with a waste abatement notice if the Authority, the litter authority or the litter enforcement officer (as the case requires) reasonably believes that the person—
(a) has deposited waste or any other object or thing in or on premises or a place that causes risks of harm to human health or the environment; or
(b) has deposited waste or any other object or thing in or on premises or a place in such a way as to make the premises or place disorderly or detrimentally affect its proper use; or
(c) has engaged in or proposes to engage in an activity—
(i) that causes, or is likely to cause, the deposit of waste in contravention of this Part; or
(ii) that causes, or is likely to cause, the deposit of waste or any other thing in a way that makes, or is likely to make, premises or a place disorderly or detrimentally affect its proper use; or
(d) has deposited waste in contravention of this Part.
(2) Despite subsection (1), a litter authority (other than the Authority) must not issue a waste abatement notice under that subsection unless the deposit of waste, object or thing or activity occurs on or in relation to land or waters of which the litter authority has management or control.
(3) A waste abatement notice in relation to waste or an object, thing or activity may require the person to whom it is issued to take one or more of the following actions—
(a) to remove or dispose of the waste or the object or thing within a specified time or in a specified manner;
(b) to restore any premises or place affected by the waste or the object, thing or activity to a state as close as practicable to the state it was in immediately before the waste or the object or thing was deposited or the activity was engaged in;
(c) to modify the way in which the person engages in the activity;
(d) to do, or not do, specified things to ensure that the person does not contravene this Part within a specified time or in a specified manner;
(e) to take any other action in relation to the waste or the object, thing or activity that is specified in the notice within a specified time or in a specified manner.
(4) A waste abatement notice must—
(a) specify the name and address of the person to whom the notice is issued; and
(b) state the grounds on which the notice is issued; and
(c) specify the actions that the person must take to comply with the notice; and
(d) specify the period within which the person must comply with the notice; and
(e) set out the penalty for failing to comply with the notice.
(5) A person must not, without reasonable excuse, refuse or fail to comply with a waste abatement notice issued under subsection (1).
Penalty: In the case of a natural person, 40 penalty units;
In the case of a body corporate, 200 penalty units.
(6) If a person referred to in subsection (1) has deposited waste at a place or on premises in contravention of this Part and cannot be located, the Authority, any other litter authority or a litter enforcement officer may, by written notice, direct the occupier of the place or premises to remove or dispose of the waste within the time specified in the notice.
(7) An occupier who receives a notice under subsection (6) must comply with that notice, unless the occupier has a reasonable excuse.
Penalty: In the case of a natural person, 40 penalty units;
In the case of a body corporate, 200 penalty units.
(8) The Authority, any other litter authority or a litter enforcement officer may vary or revoke a waste abatement notice issued under subsection (1) at any time by serving a written notice of variation or revocation on the person to whom the waste abatement notice applies.
(9) A reference under this section to an object or thing does not include a reference to a fixture.
S. 122 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12− 30, 3/2020 ss 42– 44, 47/2020 s. 26).