ENVIRONMENTAL PROTECTION ACT 1986 - SECT 48

ENVIRONMENTAL PROTECTION ACT 1986 - SECT 48

48 .         Control of implementation of proposals

        (1)         The CEO may monitor the implementation of an approved proposal, or cause it to be monitored, for the purpose of determining whether the implementation conditions relating to the proposal are being complied with.

        (2)         If the CEO finds that any of the implementation conditions is not being complied with, the CEO —

            (a)         may exercise any power in respect of the non-compliance that is exercisable by the CEO under a written law; and

            (b)         in any event, must report the non-compliance to the Minister.

        (3)         This subsection applies if, under implementation conditions, the implementation of the approved proposal is subject to requirements made by —

            (a)         a decision-making authority; or

            (b)         another public authority with functions or expertise relevant to the proposal.

        (4)         If subsection (3) applies, the decision-making authority or other public authority may monitor that implementation of the approved proposal, or cause it to be monitored, for the purpose of determining whether the implementation conditions of that kind are being complied with.

        (5)         If the decision-making authority or other public authority finds that any implementation conditions of that kind is not being complied with, it —

            (a)         may exercise any power in respect of the non-compliance that is exercisable by it under a written law or otherwise; and

            (b)         in any event, must report the non-compliance to the Minister.

        (6)         The Minister may exercise one or more of the powers set out in subsection (7) in relation to the approved proposal if —

            (a)         the Minister receives any relevant report made under subsection (2)(b) or (5)(b); or

            (b)         the Minister is not satisfied with any relevant monitoring conducted under this section, any relevant exercise of power under this section or any relevant report made under this section.

        (7)         The powers of the Minister under subsection (6) are as follows —

            (a)         after making reasonable endeavours to consult the proponent of the approved proposal — power to cause to be served on that proponent a written notice issued by the Minister requiring that proponent —

                  (i)         forthwith to stop the implementation of the proposal; and

                  (ii)         not to resume the implementation of the proposal during a period specified in that notice being a period ending not more than 28 days after the day on which that notice is served;

            (b)         power to cause to be served on the proponent of the relevant proposal a written notice issued by the Minister requiring that proponent to take the steps specified in the notice within the period so specified for the purpose of —

                  (i)         complying with the relevant implementation condition; or

                  (ii)         preventing, controlling or abating any pollution or environmental harm caused by any non-compliance with the relevant implementation condition;

            (c)         power to cause the taking of steps necessary for the purpose of —

                  (i)         complying with the relevant implementation condition; or

                  (ii)         preventing, controlling or abating any pollution or environmental harm caused by any non-compliance with the relevant implementation condition;

            (d)         if the Minister considers that the relevant condition or procedure should be changed — power to make a request under section 46(1).

        (8)         Subject to section 101(4), the cost of taking any steps referred to in subsection (7)(c) is a debt due to the Crown by the proponent concerned and may be recovered from the proponent by the Minister by action in a court of competent jurisdiction and must, if so recovered, be credited to the Consolidated Account.

        (9)         A proponent who does not comply with a notice served on the proponent under subsection (7)(a) or (b) commits an offence.

        (10)         Subsection (9) does not apply to the resumption of the implementation of a proposal before the end of the period specified in a notice under subsection (7)(a)(ii) if the Minister has served a written notice on the proponent authorising implementation to be resumed.

        (11)         It is not necessary to publish in the Gazette a notice served under subsection (7)(a) or (b) or (10).

        [Section 48 inserted: No. 40 of 2020 s. 31.]

        [Heading inserted: No. 40 of 2020 s. 32.]