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ENVIRONMENT PROTECTION ACT 2017 - SECT 272 Prohibition notices

ENVIRONMENT PROTECTION ACT 2017 - SECT 272

Prohibition notices

    (1)     The Authority or an authorised officer may issue a person with a prohibition notice if the Authority or authorised officer reasonably believes—

        (a)     that the person—

              (i)     is contravening or has contravened a provision of this Act, the regulations or a subordinate instrument made under this Act; or

S. 272(1)(a)(ii) amended by No. 36/2022 s. 53.

              (ii)     is not complying or has not complied with a permission issued or granted under this Act; or

              (iii)     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; and

        (b)     that, having regard to the immediacy of the risk and degree of harm that could occur, prohibiting the person from engaging in an activity is necessary to prevent or minimise any harm to human health or the environment from pollution or waste.

    (2)     A prohibition notice may—

        (a)     prohibit the person to whom it is issued from engaging in the activity, whether or not the person is engaging in the activity at the time the notice is issued; and

        (b)     require the person to do any other thing that the Authority or authorised officer reasonably considers necessary to prevent or minimise the harm or risk of the harm.

    (3)     A prohibition 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 date from which the prohibition takes effect and the period within which the person must do any other thing required by 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.

Pt 10.3 (Headings and ss 273, 274) inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 1230, 3/2020 ss 4244, 47/2020 s. 26).

Part 10.3—Notices to investigate and environmental action notices

Division 1—Notice to investigate

S. 273 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 1230, 3/2020 ss 4244, 47/2020 s. 26).