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MCU14/0028 Appendix 2 EnvProtAct 1994

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

                                                                              [s 359]

              (e)    if the person is, or has been, contravening any of the
                     following provisions—
                     (i)   section 363E;
                     (ii) section 440Q;
                     (iii) section 440ZG;
                     (iv) a provision of chapter 8, part 3D, 3E or 3F.

359      Standard criteria to be considered before issue of order
              Before deciding to issue an environmental protection order,
              the administering authority must consider the standard
              criteria.

360      Form and content of order
        (1)   An environmental protection order—
              (a)    must be in the form of a written notice; and
              (b)    must specify the person to whom it is issued; and
              (c)    may impose a reasonable requirement relevant to a
                     matter or thing mentioned in section 358; and
              (d)    must state the review or appeal details; and
              (e)    must be served on the recipient.
        (2)   Without limiting subsection (1)(c), an environmental
              protection order may—
              (a)    require the recipient to not start, or stop, a stated activity
                     indefinitely, for a stated period or until further notice
                     from the administering authority; or
              (b)    require the recipient to carry out a stated activity only
                     during stated times or subject to stated conditions; or
              (c)    require the recipient to take stated action within a stated
                     period.


Current as at 20 February 2014                                             Page 287
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