MCU14/0028 Appendix 2 EnvProtAct 1994

Environmental Protection Act 1994
Chapter 7 Environmental management
Part 5 Environmental protection orders

[s 358]


Part 5                       Environmental protection
                             orders

358        When order may be issued
               The administering authority may issue an order (an
               environmental protection order) to a person—
               (a)    if the person does not comply with a requirement to
                      conduct or commission an environmental evaluation and
                      submit it to the authority; or
               (b)    if the person does not comply with a requirement to
                      prepare a transitional environmental program and
                      submit it to the authority; or
               (c)    if, because of an environmental evaluation, the authority
                      is satisfied unlawful environmental harm is being, or is
                      likely to be, caused by an activity carried out, or
                      proposed to be carried out, by the person; or
               (d)    to secure compliance by the person with—
                      (i)   the general environmental duty; or
                      (ii) an environmental protection policy; or
                      (iii) a condition of an environmental authority; or
                      (iv) a development condition of a development
                           approval; or
                      (v) a prescribed condition for carrying out a small
                          scale mining activity; or
                      (vi) a condition of a site management plan; or
                      (vii) an audit notice; or
                      (viii) a surrender notice; or
                      (ix) a rehabilitation direction; or
                      (x) a regulation; or
                      (xi) an accredited ERMP; or
Page 286                                              Current as at 20 February 2014