VICIn ForceAct
Environment Protection Act 2017
302Authority may take specified actions
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302 Authority may take specified actions
(1) If a person fails to comply with an order to take specified actions made under section 301(2), the Authority may take the specified actions.
(2) The Authority must not take any specified actions under subsection (1) unless—
(a) the Authority gives the person written notice advising that the Authority intends to take the specified actions; and
(b) the Authority invites the person to provide the following within a specified period, being 10 business days after the day the notice is given—
(i) proof that satisfies the Authority that the person has taken the specified actions;
(ii) such reasons that satisfy the Authority that the person will carry out the specified actions within a period specified by the Authority as acceptable for carrying out the specified actions; and
(c) the person given the notice fails to—
(i) carry out the specified actions within 10 business days after the day the notice is given or the final day of the period specified by the Authority as acceptable for carrying out the specified actions (whichever is the later); or
(ii) give the Authority a response satisfying the Authority that the person will carry out the specified actions within 10 business days after the day the notice is given or the final day of the period specified by the Authority as acceptable for carrying out the specified actions (whichever is the later).
(3) In taking any action under subsection (1), the Authority—
(a) may do any thing that is necessary or expedient to carry out any action that remains to be done under the order and that is still practicable; and
(4) The Authority may recover any cost reasonably incurred in taking specified actions under this section as a debt due and payable by the person against whom the order was made under section 301(2).
S. 303 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).