MCU14/0028 Appendix 2 EnvProtAct 1994

                                                   Environmental Protection Act 1994
                                              Chapter 9 Investigation and enforcement
                                      Part 4 Emergency powers of authorised persons

                                                                            [s 466A]


Part 4                      Emergency powers of
                            authorised persons

466A Application of pt 4
              This part applies if an authorised person is satisfied on
              reasonable grounds that an emergency exists.

466B What is an emergency
              An emergency exists if—
              (a)    either—
                     (i)   human health or safety is threatened; or
                     (ii) serious or material environmental harm has been or
                          is likely to be caused; and
              (b)    urgent action is necessary to—
                     (i)   protect the health or safety of persons; or
                     (ii) prevent or minimise the harm; or
                     (iii) rehabilitate or restore the environment because of
                           the harm.

467      Authorised person may take or direct someone to take
         stated action
        (1)   To deal with the emergency, the authorised person may—
              (a)    give a direction (an emergency direction) to a person to
                     take stated reasonable action within a stated reasonable
                     time, including to release a contaminant into the
                     environment; or
              (b)    take the action, or authorise another person to take the
                     action.
        (2)   The authorised person may impose reasonable conditions on
              the direction.
Current as at 20 February 2014                                             Page 403