Environment Protection Act 2019
182Emergency environment protection notice issued by CEO
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182 Emergency environment protection notice issued by CEO (1) The CEO may issue an emergency environment protection notice to a person if: (a) an environmental approval has been granted for an action; and (b) the CEO believes on reasonable grounds that the action is causing significant environmental harm; and
Environment Protection Act 2019 166 (c) the CEO believes on reasonable grounds that urgent action is required for the protection of the environment and to meet the objects of this Act; and (d) the CEO believes on reasonable grounds that a ground specified in section 109 for revocation of an environmental approval exists. (1A) The CEO may issue an emergency environment protection notice to a person if: (a) an environmental (mining) licence has been granted for a mining activity; and (b) the CEO believes on reasonable grounds that the mining activity is causing significant environmental harm; and (c) the CEO believes on reasonable grounds that urgent action is required for the protection of the environment and to meet the objects of this Act; and (d) the CEO believes on reasonable grounds that a ground specified in section 124ZZB for revocation of an environmental (mining) licence exists. (2) The emergency environment protection notice may impose any (3) An application to NTCAT for review of an emergency environment protection notice that imposes a requirement mentioned in section 178(1)(a), (b) or (c) or a requirement prescribed by regulation does not stay the operation of the notice. (4) An emergency environment protection notice issued to a person under subsection (1) ceases to have effect at the end of 10 business days after it is issued unless before the end of that (a) the Minister commences to amend the environmental approval under section 106; or (b) a show cause notice is issued to the person under section 111. (5) If subsection (4)(a) or (b) applies, the emergency environment protection notice continues in effect until: (a) the process of amendment of the environmental approval under section 106 is completed; or
Environment Protection Act 2019 167 (b) the show cause process is completed under section 111; or (c) the CEO revokes the emergency environment protection notice under section 184. (6) An emergency environment protection notice issued to a person under subsection (1A) ceases to have effect at the end of 10 business days after it is issued unless before the end of that (a) the Minister commences to amend the environmental (mining) licence under section 124ZS; or (b) a show cause notice is issued to the person under section 124ZZE. (7) If subsection (6)(a) or (b) applies, the emergency environment protection notice continues in effect until: (a) the process of amendment of the environmental (mining) licence under section 124ZS is completed; or (b) the show cause process is completed under section 124ZZE; or (c) the CEO revokes the emergency environment protection notice under section 184.