39When environmental improvement programme required

39 When environmental improvement programme required

(1)  The Board may require a person to prepare and submit to it a draft environmental improvement programme if the Board is satisfied that –

(a) an activity carried out by the person, or that activity in combination with other factors, is causing, or may cause, serious or material environmental harm; or

(ab) [Section 39 Subsection (1) amended by No. 42 of 2022, s. 14, Applied:14 Dec 2022] it is not practicable for a person to comply with an environmental standards condition, an environmental standards offense provision, or a technical standard, with which the person is required to comply; or

(b) [Section 39 Subsection (1) amended by No. 21 of 1997, s. 18, Applied:01 Aug 1997] [Section 39 Subsection (1) amended by No. 56 of 2000, s. 19, Applied:14 Jul 2000] it is not practicable for a person to comply with a State Policy, a provision of this Act, the regulations or an environment protection policy.

(2)  A requirement under subsection (1) must be made by written notice given to the person.

(3)  The notice must specify –

(a) the grounds on which the requirement is made; and

(b) the matters to be addressed by the programme; and

(c) the period (not longer than 3 years) over which the programme is to be carried out; and

(d) the day (not less than a reasonable period after the notice is given) by which the programme is to be prepared and given to the Board.