MCU14/0028 Appendix 2 EnvProtAct 1994

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

[s 363I]

                 (i)   the name, address and contact details of the
                       administering authority;
                 (j)   the review or appeal details.
           (3)   The time under subsection (2)(e) must be reasonable in all the
                 circumstances, having regard to the actions the recipient must
                 take and the risk of harm or further harm from the incident.
           (4)   The notice may include any other information the
                 administering authority considers appropriate.
                 Example—
                   The notice may state how the administering authority proposes to
                   monitor compliance with the notice, including by exercising powers
                   under chapter 9.
           (5)   If the notice is issued to 2 or more recipients, a copy must be
                 given to each recipient.
           (6)   To the extent that the recipient complies with the notice but
                 did not cause or permit the contamination incident to happen,
                 the recipient may recover as a debt, from another person who
                 caused or permitted the contamination incident to happen, the
                 amount of loss or expense incurred by the recipient in
                 complying with the notice.
           (7)   A reference in this section to taking actions includes
                 achieving outcomes.
                 Example—
                   A clean-up notice may state, as an action that must be taken, that the
                   recipient must ensure contaminated water does not reach the aquifer.


363I       Offence not to comply with clean-up notice
           (1)   The recipient of a clean-up notice must comply with the
                 notice unless the recipient has a reasonable excuse.
                 Maximum penalty—2000 penalty units.
           (2)   If the recipient is an individual and the notice includes a
                 requirement to give information or produce a document, it is a
                 reasonable excuse for the individual to fail to comply with the
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