ENVIRONMENTAL PROTECTION ACT 1986 - SECT 75

ENVIRONMENTAL PROTECTION ACT 1986 - SECT 75

75 .         Discharges or emissions in emergencies

        (1)         The CEO may, if there is, or is about to be, an emission from any premises for the purposes of —

            (a)         meeting a temporary emergency; or

            (b)         the temporary relief of a public nuisance or community hardship resulting from the commissioning of any item of fuel-burning equipment or industrial plant,

                on the CEO’s own initiative or at the instance of another person exempt the occupier of those premises from compliance with this Part for such period not exceeding 14 days, and subject to such conditions, as the CEO specifies in that exemption.

        (2)         A person who is exempted under subsection (1) from compliance with this Part and who does not comply with any condition to which that exemption is subject commits an offence, and that exemption ceases to be in force on the occurrence of that non-compliance.

        (3)         Subject to subsection (4), the CEO may grant an exemption under subsection (1) orally or in writing.

        (4)         If the CEO grants an exemption under subsection (1) orally, the CEO shall within a period of 24 hours of so granting it serve on the recipient of that exemption confirmation thereof in writing setting out the period and conditions specified in that exemption.

        (5)         Subject to this section, an exemption granted under subsection (1) remains in force until withdrawn by notice in writing served on the recipient of that exemption by the CEO.

        [Section 75 amended: No. 54 of 2003 s. 56 and 140(2); No. 40 of 2020 s. 111(1).]