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 357]

                (a)   the relevant event was wilfully done or omitted to be
                      done with the intention of relying on the giving of a
                      program notice as an excuse; or
                (b)   it is not appropriate for section 353(1) to apply to the
                      person who gave the program notice because of the
                      nature and extent of the environmental harm caused or
                      threatened by the continuation of the original offence.
          (2)   In deciding the application, the Court may have regard to the
                following—
                (a)   the circumstances in which the relevant event happened;
                (b)   the nature and extent of the environmental harm caused
                      or threatened by a continuation of the original offence
                      under the program notice;
                (c)   the resilience of the receiving environment;
                (d)   the environmental record of the person;
                (e)   whether a transitional environmental program or
                      protection order is in force for the activity.
          (3)   If the Court grants the application, the Court must make an
                order that section 353(1) does not apply to the person for a
                continuation of the original offence under the program notice
                (whether the continuation happened before or after the
                receiving of the program notice).

357        Power of Court to make order pending decision on
           application
          (1)   This section applies if the administering authority has made
                an application to the Court under section 355 but the Court
                has not decided the application.
          (2)   On the application of the administering authority, the Court
                may make any order the Court considers appropriate pending
                a decision on the application.
          (3)   Without limiting subsection (2), an order may direct the
                person who gave the program notice to do, or stop doing,
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