MCU14/0028 Appendix 2 EnvProtAct 1994

                                                  Environmental Protection Act 1994
                                              Chapter 7 Environmental management
                                         Part 3 Transitional environmental programs

                                                                            [s 347]

347      Notice of disposal by holder of program approval
        (1)   This section applies if the holder of an approval of a
              prescribed transitional environmental program proposes to
              dispose of the place or business to which the program relates
              to someone else (the buyer).
        (2)   Before agreeing to dispose of the place or business, the holder
              must give written notice to the buyer of the existence of the
              program.
              Maximum penalty—50 penalty units.
        (3)   If the holder does not comply with subsection (2), the buyer
              may rescind the agreement by written notice given to the
              holder before the completion of the agreement or possession
              under the agreement, whichever is the earlier.
        (4)   On rescission of the agreement under subsection (3)—
              (a)    a person who was paid amounts by the buyer under the
                     agreement must refund the amounts to the buyer; and
              (b)    the buyer must return to the holder any documents about
                     the disposal (other than the buyer’s copy of the
                     agreement).
        (5)   Subsections (3) and (4) have effect despite any other Act or
              anything to the contrary in the agreement.
        (6)   Within 10 business days after agreeing to dispose of the place
              or business, the holder must give written notice of the disposal
              to the administering authority.
              Maximum penalty for subsection (6)—50 penalty units.
        (7)   In this section—
              prescribed transitional environmental program means a
              transitional environmental program that does not relate to an
              environmental authority.




Current as at 20 February 2014                                           Page 275