ENVIRONMENT PROTECTION ACT 2017 - SECT 271 Improvement notices
ENVIRONMENT PROTECTION ACT 2017 - SECT 271
Improvement notices(1) The Authority or an authorised officer may issue a person with an improvement notice if the Authority or authorised officer reasonably believes that the person—
(a) is contravening or has contravened a provision of this Act, the regulations or a subordinate instrument made under this Act; or
(b) is not complying or has not complied with a permission issued or granted under this Act; or
(c) has engaged in or proposes to engage in an activity that has caused or is likely to cause harm to human health or the environment from pollution or waste.
(2) An improvement notice may require the person to whom it is issued—
(a) to take any action that the Authority or authorised officer reasonably considers necessary to remedy the contravention, or the matters or activities that are causing the contravention; or
(b) to remedy the activity that has caused or is likely to cause harm to human health or the environment from pollution or waste.
(3) A requirement contained in an improvement notice may include directions as to the measures to be taken for the purpose of remedying the matters referred to in subsection (2), including but not limited to clean up measures.
(4) An improvement 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; and
(f) specify how the person may seek review of the decision to issue the notice.
Division 2—Prohibition notices
S. 272 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).