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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
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(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
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(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.