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Environment Protection Act 2019
215CEO may accept enforceable undertaking
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215 CEO may accept enforceable undertaking
(1) The CEO may accept an enforceable undertaking made by a
proponent of an action, an approval holder or a mining operator:
(a) to carry out specified remediation or rehabilitation work to
rectify environmental harm resulting from an action taken by
the proponent, the approval holder or the mining operator that
is allegedly in contravention of this Act or an environmental
approval or an environmental (mining) licence; or
(b) to do any other specified act or thing approved by the CEO.
(1A) The CEO may accept an enforceable undertaking made by a
related person of a high risk entity to do any specified act or thing
approved by the CEO if an environment protection notice was
issued to the related person in accordance with Part 9, Division 2A.
(2) An enforceable undertaking must be in writing and signed by the
CEO and the specified person.
(3) An enforceable undertaking may require the specified person to
publish notice of the alleged contravention or non-compliance and
any act or thing done by the specified person.
(4) Without limiting subsection (1), the CEO may accept an enforceable
undertaking when any criminal or civil proceedings under this Act
are completed (including any appeal).