MCU14/0028 Appendix 2 EnvProtAct 1994

                                                  Environmental Protection Act 1994
                                   Chapter 4A Great Barrier Reef protection measures
                                        Part 3 Environmental risk management plans

                                                                              [s 89]

              Note—
                 An ERMP may also be voluntarily submitted for accreditation. See
                 section 97.


89       When ERMP direction may be given
              The Minister may give a person carrying out an agricultural
              ERA an ERMP direction only if—
              (a)    the Minister considers an ERMP is necessary or
                     desirable—
                     (i)   to improve the quality of water being released from
                           the relevant agricultural property; or
                     (ii) because the agricultural ERA is causing or may
                          cause unlawful environmental harm; and
              (b)    the direction complies with section 90; and
              (c)    if it has more than 1 recipient—section 91 is complied
                     with.

90       Form of ERMP direction and what it may require
        (1)   An ERMP direction must—
              (a)    be written; and
              (b)    identify the recipient; and
              (c)    state each of the following—
                     (i)   the agricultural ERA for which an ERMP is
                           required;
                     (ii) the relevant agricultural property;
                     (iii) the recipient’s obligations under section 92;
                     (iv) that it is an offence for the recipient not to comply
                          with the obligations under section 92 unless the
                          recipient has a reasonable excuse;
                     (v) the maximum penalty for the offence; and

Current as at 20 February 2014                                             Page 91