ENVIRONMENT PROTECTION ACT 2017 - SECT 274 Environmental action notice
ENVIRONMENT PROTECTION ACT 2017 - SECT 274
Environmental action notice(1) The Authority or an authorised officer may issue a person referred to in subsection (2) with an environmental action notice 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 or is occurring that has caused, or is likely to cause, harm to human health or the environment;
(c) industrial waste is at a place or premises unlawfully;
(d) any other circumstances exist arising from pollution or the depositing, storage or handling of waste that have caused or are likely to cause harm to human health or the environment;
(e) a person referred to in subsection (2) was issued with a notice to investigate and has failed to comply with that notice.
(2) For the purposes of subsection (1), an environmental action notice 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) An environmental action 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 a review of the decision to issue the notice.
(4) The Authority or an authorised officer may specify in an environmental action notice any condition, requirement, restriction, performance standard or level that the Authority or the authorised officer thinks fit, including a requirement to do any or all of the following—
(a) to take the clean up measures as specified in the notice;
(b) to take waste to a place or premises that may lawfully accept that waste;
(c) to cease accepting industrial waste at a place or premises where it cannot be lawfully accepted;
(d) to reduce stockpiles of waste at a place or premises;
(e) to remediate contaminated land through active or passive measures, or a mixture of both;
(f) if the notice is issued in the circumstances of a person's failure to comply with a notice to investigate, to do any of the things specified in the notice to investigate that have not been done.
(5) An environmental action notice applies notwithstanding anything to the contrary in—
(a) the Planning and Environment Act 1987 or any regulations, planning scheme or permit made, approved or granted under that Act; and
(b) the Building Act 1993 or any regulations or permit made or granted under that Act.
S. 274(6) amended by No. 35/2023 s. 40.
(6) 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 an environmental action notice,
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.
Pt 10.4 (Heading and ss 275– 277) 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).
Part 10.4—Site management orders
S. 275 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).