VICIn ForceAct
Environment Protection Act 2017
283Redirection of obligations of related or associated entities
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283 Redirection of obligations of related or associated entities
(1) The Authority may by notice in writing direct a body corporate to comply, subject to any modification specified by the Authority, with a specified environmental action notice or site management order issued to a related entity or associated entity over which the body corporate had control (within the meaning of the Corporations Act) at the time the notice or order was issued if—
(a) the entity—
(ii) has failed to comply with the environmental action notice or site management order; and
(b) the Authority is satisfied that the body corporate or an officer of the body corporate—
(i) knew or ought reasonably to have known of the circumstances that resulted in the issuing of the environmental action notice or site management order; and
(ii) was in a position to influence the entity in relation to its compliance with the environmental action notice or site management order; and
(iii) in the case of a failure to comply with an environmental notice or site management order, failed to exercise due diligence to ensure that the entity complied with the environmental action notice or site management order.
(2) If the Authority gives a direction under subsection (1) to a body corporate that is a corporation within the meaning of section 57A of the Corporations Act, the body corporate must comply with the environmental action notice or site management order, subject to any modification by the Authority.
S. 284 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).