MCU14/0028 Appendix 2 EnvProtAct 1994

Environmental Protection Act 1994
Chapter 7 Environmental management
Part 5A Direction notices

[s 363B]

                 Note—
                   If there is a transitional environmental program for the activity, see
                   section 346 (Effect of compliance with program).


363B Authorised person may issue a direction notice
           (1)   This section applies if an authorised person is satisfied on
                 reasonable grounds that—
                 (a)   a person—
                       (i)   is contravening a prescribed provision; or
                       (ii) has contravened a prescribed provision in
                            circumstances that make it likely the contravention
                            will continue or be repeated; and
                 (b)   a matter relating to the contravention can be remedied;
                       and
                 (c)   it is appropriate to give the person an opportunity to
                       remedy the matter.
           (2)   The authorised person may issue a written notice (a direction
                 notice) to the person requiring the person to remedy the
                 contravention.
           (3)   If, for any reason, it is not practicable to make a requirement
                 to remedy the contravention by written notice, the
                 requirement may be made orally and confirmed by a direction
                 notice as soon as practicable.
                 Note—
                   Whether an oral requirement is made before issuing a direction notice is
                   relevant to the time by which the person may be required to remedy the
                   contravention. See section 363D(2)(c).


363C Matters to consider before issuing a direction notice
     relating to particular emissions
           (1)   This section applies to a contravention of section 440
                 involving an emission of aerosols, fumes, light, noise, odour,
                 particles or smoke.
Page 290                                                   Current as at 20 February 2014