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Environment Protection Act 2019
142Direction by CEO to carry out environmental audit
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142 Direction by CEO to carry out environmental audit
(1) The CEO may direct an approval holder to cause an environmental
audit to be carried out by a qualified person if the CEO believes or
suspects on reasonable grounds that:
(a) the approval holder has contravened, or is likely to
contravene, a condition of the environmental approval; or
(ab) the approval holder, in carrying out an action, is carrying out,
or has carried out, a prohibited action or an action in a
protected environmental area that is prohibited in that area; or
(ac) the approval holder has otherwise contravened, or is likely to
contravene, this Act; or
Environment Protection Act 2019 144
(b) the environmental impacts that the action authorised by the
environmental approval has, has had, or is likely to have are
significantly greater than was indicated in the information that
was available to the Minister when the environmental approval
was granted.
(2) The CEO may direct a mining operator who is the holder of an
environmental (mining) licence to cause an environmental audit to
be carried out by a qualified person if the CEO believes or suspects
on reasonable grounds that:
(a) the mining operator has contravened, or is likely to
contravene, the environmental (mining) licence; or
(b) the mining operator, in carrying out a mining activity, is
carrying out, or has carried out, a prohibited action or an
action in a protected environmental area that is prohibited in
that area; or
(c) the mining operator has otherwise contravened, or is likely to
contravene, this Act; or
(d) the environmental impacts that the mining activity authorised
by the environmental (mining) licence has, has had, or is likely
to have are significantly greater than was indicated in the
information that was available to the Minister when the
environmental (mining) licence was granted.
(3) The CEO may direct a person to cause an environmental audit to
be carried out by a qualified person if the CEO believes or suspects
on reasonable grounds that the person is carrying out, or has
carried out, a prohibited action or an action in a protected
environmental area that is prohibited in that area.