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Environment Protection Act 2019
192QMatters to be considered in deciding to issue compliance
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192Q Matters to be considered in deciding to issue compliance
notice to related person
(1) This section sets out matters for the relevant decision-maker to
consider in deciding whether to issue a compliance notice in
relation to a petroleum activity to a related person of a high risk
entity.
(2) The relevant decision-maker must consider the following:
(a) if the compliance notice is issued under section 176(2) – the
objects of this Act;
(b) if the compliance notice is issued under a prescribed Act – the
objects (if any) of the prescribed Act;
Environment Protection Act 2019 183
(c) whether the related person took all reasonable and practical
steps to influence the high risk entity's compliance with a
compliance notice relating to the petroleum activity;
(d) whether the related person took all reasonable and practical
steps to influence the high risk entity's financial management
of and provision in funding for:
(i) the requirements for compliance with a prescribed
approval, prescribed environmental duty or compliance
notice relating to the petroleum activity; and
(ii) the remediation and rehabilitation of the environment to
address the environmental impacts of the petroleum
activity over the lifetime of the activity.
(3) The relevant decision-maker may also consider any financial
assurance held under this Act or a prescribed Act in relation to the
petroleum activity.
(4) Subsections (2) and (3) do not limit the matters the relevant
decision-maker may consider in deciding whether to issue a
compliance notice to a related person of a high risk entity.
(5) The relevant decision-maker must not issue a compliance notice to
a related person of a high risk entity if a reasonable person would
consider the issue of the notice to the related person to be
oppressive, unjust or unreasonable in the circumstances.
financial assurance includes a bond (including an environment
protection bond) and a security.