• Specific Year
    Any

ENVIRONMENTAL PROTECTION ACT 1986 - SECT 68A

ENVIRONMENTAL PROTECTION ACT 1986 - SECT 68A

68A .         Closure notices, issue and effect of

        (1)         In this section —

        authorisation means a declaration under section 6, a clearing permit, a works approval, a licence, an exemption under section 75 or a licence, permit, approval or exemption under the regulations;

        relevant premises , in relation to an authorisation, means premises —

            (a)         in respect of which the authorisation was issued; or

            (b)         at which conduct is being or has been engaged in under the authorisation;

        specified means specified by the CEO in the closure notice concerned.

        (2)         If the CEO considers on reasonable grounds that, as a result of anything that has been done or has happened at relevant premises before the expiry or revocation of an authorisation, ongoing investigation, monitoring or management is or will be required at the premises following that expiry or revocation, the CEO may cause a notice (a closure notice ) to be given in respect of the premises.

        (3)         If the authorisation is still in force, the closure notice is to be given to the person who holds the authorisation.

        (4)         If the authorisation is not still in force, the closure notice is to be given to the person who held the authorisation or to the occupier or owner of the relevant premises.

        (5)         If a person who is the owner of the relevant premises is not given the closure notice under subsection (3) or (4), a copy of the notice must be given to that person.

        (6)         If a person who is the occupier of the relevant premises is not given the closure notice under subsection (3) or (4), a copy of the notice may be given to that person.

        (7)         A closure notice may require any person bound by it to do any one or more of the following in relation to the relevant premises —

            (a)         take specified investigation and monitoring action;

            (b)         prepare a management plan;

            (c)         take specified management action;

            (d)         report on specified matters in a specified form at specified times;

            (e)         arrange for an audit of the premises to be carried out by a person nominated or approved by the CEO and report to the CEO on the findings of the audit as to whether or not the action required by the notice has been taken.

        (8)         A closure notice is to specify —

            (a)         the name and address of the person to whom it is given; and

            (b)         the reason for which it is given; and

            (c)         a description of the relevant premises and the location of the premises sufficient to identify both; and

            (d)         the things referred to in subsection (7) that are required to be done; and

            (e)         the period (if any) within which the things are to be done.

        (9)         A closure notice —

            (a)         while it subsists, binds each person to whom it is given; and

            (b)         while it remains registered under section 66 (as applied by subsection (10)), binds each successive owner or occupier of the land to which it relates.

        (10)         Section 65(4) to (7) and sections 66, 67 and 68 apply in relation to closure notices as if references in those enactments to an environmental protection notice were references to a closure notice.

        (11)         If action required by a closure notice to be taken has not been taken, the CEO may —

            (a)         cause that action to be taken; and

            (b)         recover the cost of the taking of that action from any person bound by the notice by action in a court of competent jurisdiction as a debt due to the Crown.

        (12)         Any cost recovered under subsection (11)(b) is to be paid into the Consolidated Account.

        [Section 68A inserted: No. 54 of 2003 s. 81; amended: No. 77 of 2006 s. 4.]