MCU14/0028 Appendix 2 EnvProtAct 1994

                                                Environmental Protection Act 1994
                                           Chapter 9 Investigation and enforcement
                                                                     Part 6 General

                                                                            [s 487]

              (a)    an authorised person seizes or damages anything in the
                     exercise of a power under this chapter; or
              (b)    a person acting under an authorised person’s direction
                     under section 363K damages anything in the exercise of
                     a power under that section; or
              (c)    a person who is authorised by an authorised person
                     under section 467(1)(b) to take action damages anything
                     in the exercise of a power under section 467.
        (2)   The authorised person must immediately give written notice
              of the particulars of the seizure or damage.
        (3)   The notice must be given to—
              (a)    if anything is seized—the person from whom the thing
                     was seized; or
              (b)    if anything is damaged—the person who appears to the
                     authorised person to be the owner of the thing.
        (4)   If, for any reason, it is not practicable to comply with
              subsection (2), the authorised person must—
              (a)    leave the notice at the place where the seizure or damage
                     happened; and
              (b)    ensure it is left—
                     (i)   in a reasonably secure way; and
                     (ii) in a conspicuous position.

487      Compensation
        (1)   A person may claim compensation if the person incurs loss or
              expense because of the exercise or purported exercise of a
              power under this chapter, including, for example, in
              complying with a requirement made of the person under this
              chapter.
        (2)   Subsection (1) does not apply to a prescribed person for a
              contamination incident in relation to the exercise of a power
              relating to the incident.
Current as at 20 February 2014                                           Page 415