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Environment Protection Act 2017
294Circumstances in which Authority may exercise clean up powers
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294 Circumstances in which Authority may exercise clean up powers
(1) Notwithstanding anything to the contrary in this Act, but subject to this Division, if the Authority considers that there is an immediate or serious risk of harm to human health or the environment arising from pollution, waste or contaminated land, the Authority may take any action that the Authority considers necessary to eliminate or reduce that risk, including, but not limited to, conducting a clean up or causing a clean up to be conducted.
(2) Notwithstanding anything to the contrary in this Act, but subject to this Division, if—
(a) the Authority determines it has grounds to make a claim on a financial assurance under section 227(1)(a); and
(b) the Authority gives notice to the person who provided the assurance in accordance with section 295; and
(c) the person fails to complete the required activities within the time set out in section 295—
the Authority may take any action the Authority considers necessary to conduct the clean up activities required by this Act or the regulations, including, but not limited to, conducting a clean up or causing a clean up to be conducted.
S. 295 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).