MCU14/0028 Appendix 2 EnvProtAct 1994

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

                                                                           [s 363C]

        (2)   Before deciding to issue a direction notice in relation to the
              contravention, the authorised person must—
              (a)    consider the general emission criteria stated in
                     subsection (3); and
              (b)    if the emission is of noise, consider the noise emission
                     criteria stated in subsection (4); and
              (c)    having regard to those criteria, consider whether it
                     would be appropriate to issue the direction notice or to
                     first try to resolve the matter in another way.
        (3)   The general emission criteria, for a particular emission, are as
              follows—
              (a)    the emission’s characteristics or qualities;
              (b)    the emission’s amount or rate;
              (c)    the duration and time of the emission;
              (d)    whether the emission is continuous or fluctuating;
              (e)    the characteristics and qualities of the receiving
                     environment, including the types of emissions that could
                     reasonably be expected in the receiving environment;
              (f)    the emission’s impact on the receiving environment;
              (g)    in relation to each affected person for the emission—
                     (i)   any views of the affected person about the
                           emission of which the authorised person is aware,
                           including views about the degree of interference
                           caused, or likely to be caused, by the emission to
                           lawful activities at the place occupied by the
                           affected person; and
                     (ii) the order of occupancy between the person causing
                          the emission and the affected person; and
                     (iii) for the period during which the person causing the
                           emission has occupied the place from which the
                           emission is generated and the affected person has
                           occupied the place affected by the emission—
Current as at 20 February 2014                                            Page 291