MCU14/0028 Appendix 2 EnvProtAct 1994

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

                                                                                  [s 363K]

              the recipient or contractor the reasonable compensation
              because of the loss or damage that is agreed between the
              recipient or contractor and the person or, failing agreement,
              decided by a court having jurisdiction for the recovery of
              amounts up to the amount of compensation claimed.
        (7)   The court may make an order about costs it considers just.

363K Taking action in place of recipient
        (1)   This section applies if—
              (a)    the recipient of a clean-up notice fails to comply with it;
                     or
              (b)    the operation of the decision to issue a clean-up notice is
                     stayed under section 535.
        (2)   An authorised person, or person acting under the direction of
              an authorised person (the contractor), may take any of the
              actions stated in the clean-up notice.
        (3)   For subsection (2), the authorised person or contractor may
              enter land on which the actions are required to be taken—
              (a)    with the consent of the owner and occupier of the land;
                     or
              (b)    if the authorised person or contractor has given at least 5
                     business days written notice, complying with section
                     363J(3), to the owner and occupier.
        (4)   If the authorised person or contractor enters land under
              subsection (3), section 363J(4) to (7) applies as if a reference
              in the provisions to the recipient or contractor were a
              reference to the authorised person or contractor.
        (5)   Subsections (3) and (4) do not limit another provision of this
              Act under which an authorised person may enter land.
              Note—
                 See also sections 452 and 458 in relation to the power to enter a place to
                 take the actions.



Current as at 20 February 2014                                                   Page 299