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Environment Protection Act 2017
284Redirection of obligations to officers
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284 Redirection of obligations to officers
(1) The Authority may by notice in writing direct a person to comply, subject to any modification specified by the Authority, with a specified environmental action notice or site management order issued to a body corporate if—
(a) the body corporate—
(ii) has failed to comply with the environmental action notice or site management order; and
(b) the Authority is satisfied that—
S. 284(1)(b)(i) amended by No. 14/2025 s. 35.
(i) the person was an officer of the body corporate at the time the environmental action notice or site management order was issued; and
(ii) the person 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
(iii) the person was in a position to influence the body corporate in relation to its compliance with the environmental action notice or site management order; and
(iv) in the case of a failure to comply with an environmental notice or site management order, the person failed to exercise due diligence to ensure that the body corporate complied with the environmental action notice or site management order; and
(v) it would not be oppressive, unjust or unreasonable for the Authority to give the direction.
(2) If the Authority gives a direction under subsection (1) to a person, the person must comply with the environmental action notice or site management order, subject to any specified modification.
S. 285 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).