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Environment Protection Act 2017
270Simplified outline—Chapter 10
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270 Simplified outline—Chapter 10
(2) Part 10.2 enables the Authority to issue improvement and prohibition notices in circumstances where the Authority believes that a person—
(a) is contravening this Act; or
(b) is not complying with a permission under this Act; or
(c) is likely to cause harm to human health or the environment from pollution or waste.
(3) Part 10.3 enables the Authority to issue notices to investigate and environmental action notices in circumstances where the Authority believes that—
(a) land is or may be contaminated; or
(b) a pollution incident has occurred; or
(c) industrial waste is at a place or premises unlawfully; or
(d) there is a risk to human health or the environment arising from pollution or the depositing, storage or handling of waste.
(4) Part 10.4 enables the Authority to issue a site management order in circumstances where the Authority believes that long-term management of the site is necessary because contamination, pollution or waste poses a risk of harm to human health or the environment.
(5) Part 10.5 enables the Authority to issue non disturbance notices in order to facilitate the performance of its functions or exercise of its powers under this Act.
(6) Part 10.6 deals with general matters relating to notices, such as amendment, notification and continuing effect of notices.
(7) Part 10.7 enables the Authority to redirect obligations under a notice or order from a body corporate to a related entity or an officer of the body corporate.
(8) Part 10.8 sets out the offences relating to notices and orders under this Chapter.
(9) Part 10.9 enables the Authority—
(a) to exercise clean up powers when it believes there is immediate or serious risk of harm to human health or the environment arising from pollution, waste or contamination; and
(b) to recover costs of conducting activities under this Chapter.
Pt 10.2 (Headings and ss 271, 272) 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).
Part 10.2—Improvement and prohibition notices
Division 1—Improvement notices
S. 271 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).