ENVIRONMENT PROTECTION ACT 2017 - SECT 273 Notice to investigate

ENVIRONMENT PROTECTION ACT 2017 - SECT 273

    (1)     The Authority or an authorised officer may issue a person referred to in subsection (2) with a notice to investigate if the Authority or the authorised officer reasonably believes any of the following circumstances exist—

        (a)     land is or may be contaminated;

        (b)     a pollution incident has occurred;

        (c)     industrial waste is at a place or premises unlawfully;

        (d)     there is a risk of harm to human health or the environment arising from pollution or the depositing, storage or handling of waste.

    (2)     For the purposes of subsection (1), a notice to investigate may be issued to any of the following—

        (a)     the person who the Authority or authorised officer reasonably believes caused or permitted the circumstances which are the subject of the notice (the relevant circumstances );

        (b)     the current owner or occupier of the land at which the relevant circumstances exist;

        (c)     the owner or occupier of the land at which the relevant circumstances exist, at the time the relevant circumstances first came into being.

    (3)     A notice to investigate may require the person to whom it is issued to do any or all of the following—

        (a)     investigate whether the relevant circumstances exist;

        (b)     investigate the nature and extent of the relevant circumstances, including the nature and extent of any harm or risk of harm to human health or the environment arising from the relevant circumstances;

        (c)     to report to the Authority on, or provide the Authority with, any specified information regarding the investigation;

        (d)     conduct the investigation in the manner and within the time specified by the notice.

    (4)     A notice to investigate 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 a review of the decision to issue the notice.

S. 273(5) inserted by No. 35/2023 s. 39.

    (5)     A person in management or control of land may recover in a court of competent jurisdiction, as a debt due to the person, any reasonable costs incurred in complying with a notice to investigate, including any reasonable costs incurred by the person in taking action under this section, against any person responsible for causing or contributing to the relevant circumstances.

Division 2—Environmental action notice

S. 274 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).