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Environment Protection Act 2017
231GSpecified considerations to which Authority must have regard
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231G Specified considerations to which Authority must have regard
For the purposes of sections 231C(b)(i), 231D(b)(i), 231E(b)(i), 231F(a) and 232(2B)(a)(i) and (b)(i), the following considerations are specified—
(a) the likelihood that clean up or remediation will be required, having regard to the nature of the relevant activity;
S. 231G(b) amended by No. 14/2025 s. 33.
(b) the nature, duration, extent and costs of any remediation or clean up that is or may be required under this Act or the regulations in relation to the relevant activity;
(c) the likelihood of any party other than the State or the Authority conducting clean up or remediation activities or bearing the costs or expenses of clean up or remediation for the relevant activity;
**Example**
If the relevant activity relates to land, premises, personal property or a leasehold interest which has been sold or transferred to another person, the Authority must consider whether the person to whom that interest was transferred is likely to provide a financial assurance, and if so, the amount of that financial assurance.
(d) the extent to which contamination, pollution or waste resulting from the relevant activity may cause risk to human health and the environment, having regard to the nature or location of the relevant activity;
(e) whether the full extent of any contamination, pollution, waste or environmental impacts resulting from the relevant activity is likely or unlikely to be discoverable until a future date;
(f) any failures by the person who provided the financial assurance or a related entity of that person to comply with this Act, the regulations, or the conditions of any permission, site management order, environmental action notice, or Order relating to environmentally hazardous substances;
(g) any prescribed considerations.
S. 231H inserted by No. 35/2023 s. 32.