ENVIRONMENT PROTECTION ACT 2017 - SECT 32 Duty to notify Authority of notifiable incidents

ENVIRONMENT PROTECTION ACT 2017 - SECT 32

    (1)     This section applies to a person who is engaging or has engaged in an activity that results in a notifiable incident.

    (2)     The person must notify the Authority, as soon as practicable, after the person becomes aware or reasonably should have been aware of the occurrence of the notifiable incident.

Note

Section 314 provides that subsection (2) is a civil penalty provision. The penalty for contravention of this civil penalty provision is set out in the table in section 314. See also section 314(3).

    (3)     A person must notify the Authority under subsection (2) regardless of whether the notifiable incident is contained to—

        (a)     a single place or premises; or

        (b)     a place or premises that is occupied by or under the management or control of the person.

    (4)     A person commits an offence if the person contravenes subsection (2) in the course of conducting a business or an undertaking.

Penalty:     In the case of a natural person, 240 penalty units;

    In the case of a body corporate, 1200 penalty units.

    (5)     A person is not required to notify the Authority under this section if the person is aware that a notification of a notifiable incident has already been made to the Authority in accordance with this section.

Note

See section 72 of the Criminal Procedure Act 2009 which deals with the evidential burden of proof.

S. 33 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).