VICIn ForceAct
Environment Protection Act 2017
260Authorised officer may give directions
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260 Authorised officer may give directions
(1) An authorised officer may give a direction to a person to do, or cause to be done, any action or thing that the authorised officer reasonably believes is necessary to address the existence or likely existence of an immediate risk of material harm to human health or the environment.
(2) A person must not, without reasonable excuse, refuse or fail to comply with a direction given to the person under subsection (1).
(3) A direction under subsection (1) may be given orally or in writing.
(4) An offence under subsection (2) is an indictable offence.
(5) The Authority must pay to a person any reasonable costs incurred by the person in complying with a direction given under subsection (1).
(6) Subsection (5) does not apply if the person caused or permitted the situation giving rise to the authorised officer's reasonable belief of the existence or likely existence of an immediate risk of material harm to human health or the environment.
(7) The Authority may recover in a court of competent jurisdiction as a debt due to the Authority any payment made under subsection (5) from a person who caused or permitted the situation giving rise to the authorised officer's reasonable belief of the existence or likely existence of an immediate risk of material harm to human health or the environment.
(8) Any costs recovered under this section are to be paid into the Consolidated Fund.
Division 5—Search warrants
S. 261 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).