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 354]

354      Effect of failure to comply with program
               If the holder of an approval for a transitional environmental
               program for an activity under a program notice does not
               comply with the program, section 353(1) ceases to apply to
               the person.

355      Authority may apply to Court for order setting aside
         immunity from prosecution
         (1)   If the administering authority receives a program notice from
               a person, the authority may apply to the Court for an order
               that section 353(1) does not apply to the person for any
               continuation of the original offence.
         (2)   The application must be made—
               (a)    within 20 business days after the administering authority
                      receives the program notice or the longer period the
                      Court in special circumstances allows; and
               (b)    by filing written notice of the application with the
                      registrar of the Court and serving a copy of the
                      application on the person; and
               (c)    by complying with rules of court applicable to the
                      application.
         (3)   The making of the application does not stay the operation of
               section 353(1).
         (4)   The procedure for the application is to be in accordance with
               the rules of court applicable to it or, if the rules make no
               provision or insufficient provision, in accordance with
               directions of the judge.

356      Court to decide application
         (1)   The Court may grant an application under section 355 if the
               Court is satisfied—



Current as at 20 February 2014                                                   Page 279