MCU14/0028 Appendix 2 EnvProtAct 1994

Environmental Protection Act 1994
Chapter 9 Investigation and enforcement
Part 2 Powers of authorised persons for places and vehicles

[s 458]

                      (iii) secure compliance with—
                            (A)    an accredited ERMP, environmental
                                   authority,     transitional    environmental
                                   program, site management plan or any
                                   conditions of the authority, program or plan;
                                   or
                            (B)    development conditions of a development
                                   approval; or
                            (C)    a prescribed condition for carrying out a
                                   small scale mining activity; or
                (b)   if the land is land to which a clean-up notice applies and
                      the recipient of the notice has failed to comply with the
                      notice—to take the actions required under the notice; or
                (c)   if the land is contaminated land—to conduct a site
                      investigation of the land; or
                (d)   for land particulars of which are recorded in the
                      contaminated land register—to conduct work to
                      remediate the land.
          (2)   The administering authority must give written notice of the
                application to—
                (a)   the owner of the land; and
                (b)   if the owner is not the occupier of the land—the
                      occupier; and
                (c)   if the application is for an order to carry out work
                      mentioned in subsection (1)(a)—
                      (i)   the environmental authority holder; or
                      (ii) the transitional environmental program approval
                           holder; and
                (d)   if the application is for an order to take actions required
                      under a clean-up notice—the recipient of the notice.
          (3)   The application for the order must be sworn and state the
                grounds on which it is made.
Page 394                                                 Current as at 20 February 2014