ENVIRONMENTAL PROTECTION AMENDMENT ACT 2003 (NO. 54 OF 2003) - SECT 45
ENVIRONMENTAL PROTECTION AMENDMENT ACT 2003 (NO. 54 OF 2003) - SECT 45
45 . Section 65 amended and transitional
(1) Section 65(1)
and (2) are repealed and the following subsections are inserted
instead —
“
(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;
(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;
(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;
(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;
(ii)
prevent, control or abate the pollution;
(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;
(ii)
the reason for which it is served;
(iii)
a description of the relevant premises and the location
of the premises sufficient to identify both;
(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;
(ii)
the form of the plan to be prepared and implemented;
(iii)
the measures to be taken;
(iv)
the form of the monitoring to be undertaken; and
(v)
the content and form of information to be reported to the
CEO.
”.
(2) Section 65(3)
is amended as follows:
(a) by
deleting “A pollution abatement notice” and inserting
instead —
“ An environmental protection notice ”;
(b) in
paragraph (a) by deleting “on whom it is served” and
inserting instead —
“ to whom it is given ”.
(3) Section 65(5)
is amended by deleting “the pollution abatement notice” and
inserting instead —
“ the notice ”.
(4) A pollution
abatement notice served before the coming into operation of this section is
taken to be an environmental protection notice within the meaning of the
Environmental Protection Act 1986 as amended by this Act.