MCU14/0028 Appendix 2 EnvProtAct 1994

Environmental Protection Act 1994
Chapter 9 Investigation and enforcement
Part 5 Offences

[s 477]

                (a)   an authorised person requires a person under section 465
                      to—
                      (i)   answer a question; or
                      (ii) attend a stated reasonable place at a stated
                           reasonable time, to answer questions; but
                (b)   section 473 does not apply.
          (2)   The person must comply with the requirement, unless the
                person has a reasonable excuse for not complying with it.
                Maximum penalty—50 penalty units.
          (3)   For subsection (1), it is a reasonable excuse for an individual
                to fail to answer a question if answering the question might
                tend to incriminate the individual.
          (4)   The person does not commit an offence against this section if
                the information sought by the authorised person is not in fact
                relevant to the offence.

477        Failure to produce document
                A person who is required under section 466 to produce a
                document must comply with the requirement, unless the
                person has a reasonable excuse for not complying with it.
                Maximum penalty—50 penalty units.

478        Failure to comply with authorised person’s direction in
           emergency
                A person to whom an emergency direction is given must—
                (a)   comply with the direction (including a condition of the
                      direction), unless the person has a reasonable excuse for
                      not complying with it; and
                (b)   take all reasonable and practicable precautions to
                      prevent or minimise—
                      (i)   environmental harm being caused; and

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