ENVIRONMENTAL PROTECTION ACT 1986 - SECT 47

ENVIRONMENTAL PROTECTION ACT 1986 - SECT 47

47 .         Duties of proponents after service of Ministerial statement

        (1)         If a Ministerial statement has been published and the proponent does not ensure that any implementation of the proposal to which the statement relates is carried out in accordance with the implementation conditions, the proponent commits an offence.

        (2)         Subsection (1) does not apply to an implementation condition mentioned in section 45A(1)(a).

        (3)         In order to enable the CEO to assess compliance with the implementation conditions in a Ministerial statement, the CEO may by written notice given to the proponent —

            (a)         require the proponent to give the CEO reports and information about the implementation of the proposal to which the statement relates; and

            (b)         require the proponent to undertake tests, surveys, investigations, monitoring or other work and give the CEO reports and information about the tests, surveys, investigations, monitoring or work.

        (4)         If, without reasonable excuse, the proponent refuses or fails to comply with a requirement made under subsection (3), the proponent commits an offence.

        (5)         If a notification has been given under section 45(13) and the proponent does anything to implement the proposal to which the notification relates, the proponent commits an offence.

        [Section 47 inserted: No. 40 of 2020 s. 31.]