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Environment Protection Act 1997
110Disposal
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110 Disposal
(1) Instead of releasing a thing under section 109 (1) (c), the authority
may give written notice to—
(a) the owner of the thing; or
(b) the person who had possession, custody or control of the thing
immediately before it was seized;
inviting the person to show why the thing should not be disposed of.
(2) If a notice is given under subsection (1) the authority must, at the
same time, give public notice that a person who has a legal or
equitable interest in the thing to be disposed may tell the authority
about why it should not be disposed of.
newspaper circulating in the ACT (see Legislation Act, dict, pt 1).
(3) A notice under subsection (1) or (2) must specify—
(a) the grounds on which the authority bases the authority’s belief
that the disposal of the thing is necessary; and
(b) the period (not shorter than 20 working days after the day on
which the notice was given) after which the authority may cause
the thing to be disposed of under subsection (4).
(4) The authority must—
(a) after the period specified in a notice under subsection (1) or (2)
has ended; and
(b) after taking into account any representations made in response
to the notice;
dispose of the thing if satisfied that the disposal is necessary to
prevent or minimise any environmental harm caused, or likely to be
caused, by the thing.
(5) If the authority is not satisfied that it is necessary to dispose of a thing,
the authority must release the thing to its owner or the person who
had possession, custody or control of the thing immediately before it
was seized.
(6) If a thing is disposed of under subsection (4), the Territory must
compensate the owner.