MCU14/0028 Appendix 2 EnvProtAct 1994

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

                                                                                [s 363H]

              contamination incident, requiring the person to take stated
              action to do all or any of the following—
              (a)    prevent or minimise contamination;
                     Example—
                        action to contain, remove, disperse or destroy the contaminants
              (b)    rehabilitate or restore the environment because of the
                     incident, including by taking steps to mitigate or remedy
                     the effects of the incident;
              (c)    assess the nature and extent of the environmental harm,
                     or the risk of further environmental harm, from the
                     incident, including by inspecting, sampling, recording,
                     measuring, calculating, testing or analysing;
              (d)    keep the administering authority informed about the
                     incident or the actions taken under the notice, including
                     by giving to the administering authority stated reports,
                     plans, drawings or other documents.
        (2)   The clean-up notice must state the following matters—
              (a)    the name of the recipient;
              (b)    a description of the contamination incident;
              (c)    the place at or from which the administering authority is
                     satisfied the incident is happening or has happened;
              (d)    the actions the recipient must take;
              (e)    for each action, the time by which it must be taken;
              (f)    that it is an offence for the recipient not to comply with
                     the notice unless the recipient has a reasonable excuse;
              (g)    the maximum penalty for the offence;
              (h)    that, if the recipient does not comply with the notice, an
                     authorised person may take any of the actions stated in
                     the notice and the administering authority may recover
                     from the recipient the costs incurred in taking the
                     actions;


Current as at 20 February 2014                                                Page 295