MCU14/0028 Appendix 2 EnvProtAct 1994

Environmental Protection Act 1994
Chapter 7 Environmental management
Part 5B Clean-up notices

[s 363F]


Part 5B                       Clean-up notices

363F       Definitions for pt 5B
                 In this part—
                 contamination incident means an incident, involving
                 contamination of the environment, that the administering
                 authority is satisfied has caused or is likely to cause serious or
                 material environmental harm.
                 place means premises, another place on land or a vehicle.

363G Who are the prescribed persons for a contamination
     incident
                 For this part, each of the following persons is a prescribed
                 person for a contamination incident—
                 (a)   a person causing or permitting, or who caused or
                       permitted, the incident to happen;
                 (b)   a person who, at the time of the incident, is or was—
                       (i)   the occupier of a place at or from which the
                             incident is happening or happened; or
                       (ii) the owner, or person in control, of a contaminant
                            involved in the incident;
                 (c)   if a clean-up notice is issued to a corporation (the first
                       corporation) in relation to the incident and it fails to
                       comply with the notice—
                       (i)   a parent corporation of the first corporation; and
                       (ii) an executive officer of the first corporation.

363H Administering authority may issue clean-up notice
           (1)   The administering authority may issue a written notice (a
                 clean-up notice) to a person whom the administering
                 authority reasonably believes to be a prescribed person for a
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