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Environment Protection Act 1997
69Authority may require environmental improvement plan
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69 Authority may require environmental improvement plan
(1) The authority may by written notice require a person conducting, or
proposing to conduct, an activity to prepare or cause to be prepared
and to submit for approval to the authority a draft environmental
improvement plan in relation to the activity if the authority—
(a) has reasonable grounds for believing—
(i) that, in conducting the activity, the person has contravened,
is contravening or is likely to contravene an environmental
authorisation, an environment protection order or a
(ii) that, as a result, serious or material environmental harm has
happened, is happening or is likely to happen; and
Environmental improvement plans Division 9.1
(b) is satisfied that changes in the method of conducting the activity
would reduce the likelihood of that contravention or resultant
(a) specify the grounds on which the draft environmental
improvement plan is required; and
(b) outline the facts and circumstances forming the basis for the
grounds; and
(c) specify any particular matters that must be addressed in the draft
plan; and
(d) specify a date, not earlier than 20 working days after the date of
the notice, on or before which the person must submit the draft
plan to the authority; and
(e) specify—
(i) the fee that must be paid when the draft plan is submitted;
or
(3) A person must not fail to comply with a notice under subsection (1).