ENVIRONMENTAL PROTECTION ACT 1986 - SECT 73A
ENVIRONMENTAL PROTECTION ACT 1986 - SECT 73A
73A . Prevention notices, issue and effect of
(1) If an inspector or
authorised person reasonably suspects that —
(a) any
waste has been or is being discharged from any premises otherwise than in
accordance with a works approval, licence or requirement contained in a
closure notice or an environmental protection notice; or
(b) a
condition of pollution is likely to arise or has arisen; or
(c) a
person has done, is doing, or is likely to do, an act in contravention of
section 50A or 50B,
the inspector or
authorised person may, with the approval of the CEO, give a notice (a
prevention notice ) to such person as the inspector or authorised person
considers appropriate.
(2) A prevention
notice may require the person to whom the notice is given —
(a) to
remove, disperse, destroy, dispose of or otherwise deal with the waste which
has been or is being discharged; or
(b) to
prevent the condition of pollution from arising or control or abate that
condition if it arises; or
(c) to
prevent the act referred to in subsection (1)(c) or control or abate the
environmental harm if it arises,
as the case requires
and is to describe the action the inspector or authorised person considers
appropriate to achieve that result.
(3) When a person has
complied with any requirements contained in a prevention notice given to the
person under subsection (1), the CEO is to, if the person was not —
(a) the
occupier of the premises from which the relevant waste was discharged at the
time of that discharge; or
(b) the
person who caused or allowed to be caused —
(i)
the discharge referred to in paragraph (a); or
(ii)
the likelihood of the relevant condition referred to in
subsection (1)(b) arising or the arising of that condition; or
(iii)
the likelihood of the relevant act referred to in
subsection (1)(c) occurring or the occurrence of that act,
as the case requires,
reimburse the person any cost incurred by the person in complying with those
requirements.
(4) When the CEO has
reimbursed any cost under subsection (3), the CEO may recover that cost from
the person who —
(a) was
the occupier of the premises from which the relevant waste was discharged at
the time of that discharge; or
(b)
caused or allowed to be caused —
(i)
the discharge referred to in paragraph (a); or
(ii)
the likelihood of the relevant condition referred to in
subsection (1)(b) arising or the arising of that condition; or
(iii)
the likelihood of the relevant act referred to in
subsection (1)(c) occurring or the occurrence of that act,
as the case requires,
by action in a court of competent jurisdiction as a debt due to the Crown.
(5) Any cost recovered
under subsection (4) is to be paid into the Consolidated Account.
(6) A person who
intentionally or with criminal negligence does not comply with a requirement
contained in a prevention notice given to that person, without reasonable
excuse for that contravention, commits an offence.
(7) A person who does
not comply with a requirement contained in a prevention notice given to that
person, without reasonable excuse for that contravention, commits an offence.
(8) A person charged
with committing an offence against subsection (6) may be convicted of an
offence against subsection (7) which is established by the evidence.
[Section 73A inserted: No. 54 of 2003 s. 52;
amended: No. 77 of 2006 s. 4.]