MCU14/0028 Appendix 2 EnvProtAct 1994

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

[s 361]

361        Offence not to comply with order
          (1)   The recipient must not wilfully contravene an environmental
                protection order.
                Maximum penalty—2000           penalty   units    or   2    years
                imprisonment.
          (2)   The recipient must not contravene an environmental
                protection order.
                Maximum penalty—1665 penalty units.
          (3)   In a proceeding for an offence against subsection (1), if the
                court is not satisfied the defendant is guilty of the offence
                charged but is satisfied the defendant is guilty of an offence
                against subsection (2), the court may find the defendant guilty
                of the offence against subsection (2).

362        Notice of disposal by recipient
          (1)   This section applies if the recipient of an environmental
                protection order proposes to dispose of the place or business
                to which the order relates to someone else (the buyer).
          (2)   Before agreeing to dispose of the place or business, the
                recipient must give written notice to the buyer of the existence
                of the order.
                Maximum penalty—50 penalty units.
          (3)   If the recipient does not comply with subsection (2), the buyer
                may rescind the agreement by written notice given to the
                recipient before the completion of the agreement or
                possession under the agreement, whichever is the earlier.
          (4)   On rescission of the agreement under subsection (3)—
                (a)   a person who was paid amounts by the buyer under the
                      agreement must refund the amounts to the buyer; and
                (b)   the buyer must return to the recipient any documents
                      about the disposal (other than the buyer’s copy of the
                      agreement).
Page 288                                            Current as at 20 February 2014