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MCU14/0028 Appendix 2 EnvProtAct 1994

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Environmental Protection Act 1994
Chapter 7 Environmental management
Part 1 Environmental duties

[s 320E]

                 (b)   public notice of the event, its nature and the
                       circumstances in which it happened to persons on the
                       affected land.
                 Maximum penalty—
                 (a)   for an event mentioned in section 320A(1)(a)—500
                       penalty units; and
                 (b)   for an event mentioned in section 320A(1)(b)—100
                       penalty units.


Subdivision 4                Miscellaneous

320E Notice to occupiers of affected land
           (1)   Without limiting the ways in which a person or employer may
                 give written notice to an occupier of affected land under this
                 division, a person or employer is taken to have given written
                 notice under this division to an occupier of affected land if the
                 notice is—
                 (a)   left with someone who is apparently an adult living or
                       working on the affected land; or
                 (b)   if there is no-one on the affected land or the person has
                       been denied access to the affected land—left on the
                       affected land in a position where it is reasonably likely
                       to come to the occupier’s attention; or
                 (c)   posted to the affected land.
           (2)   Written notice that is posted to, or left at, affected land may be
                 addressed to ‘The Occupier’.

320F       Defences and excuses for div 2
           (1)   In a proceeding for an offence against a provision of this
                 division, it is a defence for a person or employer to prove that,
                 despite failing to comply with the provision, the person or
                 employer made reasonable efforts to identify the affected land
Page 250                                               Current as at 20 February 2014
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