MCU14/0028 Appendix 2 EnvProtAct 1994

Environmental Protection Act 1994
Chapter 7 Environmental management
Part 5C Cost recovery notices

[s 363L]

363L       Obstruction of recipient complying with notice
           (1)   A person must not obstruct the recipient of a clean-up notice
                 in the taking of action to comply with a clean-up notice,
                 unless the person has a reasonable excuse.
                 Maximum penalty—165 penalty units.
           (2)   In this section—
                 recipient, of a clean-up notice, includes a person acting for the
                 recipient of a clean-up notice.




Part 5C                       Cost recovery notices

363M 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 cost recovery notice is issued to a corporation (the
                       first corporation) in relation to the incident and it fails
                       to pay the amount claimed under the notice—
                       (i)   a parent corporation of the first corporation; and
                       (ii) an executive officer of the first corporation.




Page 300                                              Current as at 20 February 2014