ENVIRONMENTAL PROTECTION ACT 1986 - SECT 65
ENVIRONMENTAL PROTECTION ACT 1986 - SECT 65
65 . Environmental protection notices, issue and effect of
(1) If the CEO
suspects on reasonable grounds that —
(a)
there is, or is likely to be, an emission from any premises, and the emission
—
(i)
does not comply with or would not if it were emitted
comply with a standard required by or under an approved policy or a prescribed
standard; or
(ii)
has caused or is likely to cause pollution;
or
(b) a
person is doing, or is likely to do, an act in contravention of section 50A or
50B on any premises; or
(c) an
activity on premises does not comply with a standard required by or under an
approved policy or a prescribed standard,
the CEO may cause to
be given to the owner or the occupier, or both the owner and the occupier, of
the premises a notice (an environmental protection notice ) in respect of the
premises.
(1a) An environmental
protection notice may require a person bound by it to do any one or more of
the following —
(a)
investigate the extent and nature of —
(i)
the emission and its consequences; or
(ii)
the pollution and its consequences; or
(iii)
the environmental harm and its consequences;
(b)
prepare and implement a plan for the prevention, control or abatement of
—
(i)
the emission; or
(ii)
the pollution; or
(iii)
the environmental harm;
(c) take
such measures as the CEO considers necessary to —
(i)
prevent, control or abate the emission; or
(ii)
prevent, control or abate the pollution; or
(iii)
prevent, control or abate the environmental harm; or
(iv)
comply with the standard;
(d)
ensure that the amount of waste, noise, odour or electromagnetic radiation
emitted from the premises, or the concentration of that waste, noise, odour or
electromagnetic radiation when measured at a point specified in the
environmental protection notice, does not exceed the limit specified in the
notice;
(e)
monitor the effectiveness of actions taken under paragraph (a), (b), (c) or
(d);
(f)
report to the CEO on any action taken under paragraph (a), (b), (c), (d) or
(e) and its outcome.
(1b) An environmental
protection notice may require a person bound by it to do the matters referred
to in subsection (1a) in accordance with an approval, direction or requirement
of a type specified in the notice by a person specified in the notice.
(2) An environmental
protection notice —
(a) is
to specify —
(i)
the name and address of the person on whom it is served;
and
(ii)
the reason for which it is served; and
(iii)
a description of the relevant premises and the location
of the premises sufficient to identify both; and
(iv)
the period within which the investigation is to be
completed, the plan is to be prepared and the measures are to be taken; and
(v)
the frequency of information to be reported to the CEO;
and
(b) is
to describe —
(i)
the form of the investigation to be undertaken; and
(ii)
the form of the plan to be prepared and implemented; and
(iii)
the measures to be taken; and
(iv)
the form of the monitoring to be undertaken; and
(v)
the content and form of information to be reported to the
CEO.
(3) An environmental
protection notice —
(a)
while it subsists, binds each owner or occupier to whom it is given; and
(b)
while it remains registered under section 66, binds each successive owner or
occupier of the land to which the environmental protection notice relates.
(4) The CEO may by
notice in writing served on every person bound by an environmental protection
notice revoke the environmental protection notice or, subject to subsections
(6) and (7), amend it —
(a) by
extending the period within which a requirement contained in the environmental
protection notice is to be complied with if the CEO is satisfied that the
circumstances of the case justify such an extension; or
(b) by
revoking or amending any requirement contained in the environmental protection
notice.
(4a) A person who
—
(a) is
bound by an environmental protection notice; and
(b)
intentionally or with criminal negligence does not comply with a requirement
contained in the environmental protection notice,
commits an offence.
(5) A person who is
bound by an environmental protection notice and who does not comply with a
requirement contained in the notice commits an offence.
(5a) A person charged
with committing an offence against subsection (4a) may be convicted of an
offence against subsection (5) which is established by the evidence.
(6) The CEO shall,
before exercising in respect of a person the power of amendment conferred by
subsection (4), afford the person a reasonable opportunity to show cause in
writing why that power should not be exercised in respect of the person.
(7) An opportunity is
not a reasonable opportunity within the meaning of subsection (6) unless the
relevant person is informed in writing of the person’s right to show
cause under that subsection not less than 21 days before the day on which the
CEO exercises the power in question.
(8) In this section
—
specified means specified in the environmental
protection notice concerned.
[Section 65 amended: No. 14 of 1998 s. 7; No. 54
of 2003 s. 45(1)-(3), 46 and 140(2); No. 40 of 2020 s. 111(1).]