MCU14/0028 Appendix 2 EnvProtAct 1994

                                                         Environmental Protection Act 1994
                                                    Chapter 7 Environmental management
Part 4 Special provisions about voluntary submission of transitional environmental programs

                                                                                    [s 351]

               (c)    declare the person’s intention to prepare, and submit to
                      the authority a transitional environmental program for
                      the activity; and
               (d)    state the other information prescribed by regulation.
         (3)   The person may submit with the notice any report, or the
               results of any analysis, monitoring program, test or
               examination, carried out by or for the person for the relevant
               event.

351      Program notice privileged
         (1)   If the relevant event stated in the program notice constitutes
               an offence against this Act (the original offence), the giving
               of the program notice, the program notice and any documents
               submitted with it are not admissible in evidence against the
               person in a prosecution for the original offence.
         (2)   Subsection (1) does not prevent other evidence obtained
               because of the giving of the program notice, the program
               notice or any documents submitted with it being admitted in
               any legal proceeding against the person.

352      Authority to act on notice
         (1)   Within 10 business days after receiving the program notice,
               the administering authority must give written notice to the
               person of—
               (a)    its receiving the notice; and
               (b)    the day by which a draft transitional environmental
                      program dealing with the activity must be submitted to it
                      for approval.
         (2)   The day mentioned in subsection (1)(b) must not be more than
               3 months after the administering authority receives the
               program notice.
         (3)   This section has effect subject to section 355.


Current as at 20 February 2014                                                   Page 277