MCU14/0028 Appendix 2 EnvProtAct 1994

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

                                                                           [s 363E]

              (d)    the time by which the person must remedy the
                     contravention;
              (e)    that it is an offence to fail to comply with the direction
                     notice unless the person has a reasonable excuse;
              (f)    the maximum penalty for failing to comply with the
                     direction notice;
              (g)    the review or appeal details.
        (2)   The time under subsection (1)(d) must be reasonable having
              regard to—
              (a)    the action required to remedy the contravention; and
              (b)    the risk to human health or the natural environment, or
                     risk of loss or damage to property, posed by the
                     contravention; and
              (c)    how long the person has been aware of the
                     contravention, for example, because an authorised
                     person has previously made an oral requirement that the
                     contravention be remedied.
        (3)   The notice may also state the reasonable steps the authorised
              person considers necessary to remedy the contravention, or
              avoid further contravention, of the prescribed provision.

363E Offence not to comply with a direction notice
              A person who is issued with a direction notice must comply
              with it unless the person has a reasonable excuse.
              Maximum penalty—300 penalty units.




Current as at 20 February 2014                                            Page 293