44Environment protection notices

44 Environment protection notices

(1)  Where the Director is satisfied that in relation to an environmentally relevant activity –

(a) [Section 44 Subsection (1) amended by No. 45 of 2007, s. 14, Applied:29 Nov 2007] serious or material environmental harm or environmental nuisance is being, or is likely to be, caused; or

(b) [Section 44 Subsection (1) amended by No. 45 of 2007, s. 14, Applied:29 Nov 2007] serious or material environmental harm or environmental nuisance has occurred and remediation of that harm or nuisance is required; or

(c) [Section 44 Subsection (1) amended by No. 56 of 2000, s. 23, Applied:14 Jul 2000] [Section 44 Subsection (1) amended by No. 42 of 2022, s. 16, Applied:14 Dec 2022] it is necessary to do so in order to give effect to a State Policy, an environment protection policy, environmental standards or a technical standard; or

(d) [Section 44 Subsection (1) amended by No. 56 of 2000, s. 23, Applied:14 Jul 2000] [Section 44 Subsection (1) amended by No. 45 of 2012, s. 20, Applied:06 Dec 2012] [Section 44 Subsection (1) amended by No. 21 of 2020, s. 40, Applied:28 Oct 2020] it is desirable to vary the conditions or restrictions of a permit or major project permit; or

(e) [Section 44 Subsection (1) amended by No. 56 of 2000, s. 23, Applied:14 Jul 2000] it is necessary to secure compliance with the general environmental duty –

the Director may cause an environment protection notice to be issued and served on the person who is or was responsible for the environmentally relevant activity.

(1A)  [Section 44 Subsection (1A) inserted by No. 6 of 2022, Sched. 3, Applied:29 Mar 2022] The Board may, for the purposes of , cause an environment protection notice to be issued and served on a person who is responsible for an environmentally relevant activity that is a level 2 activity, if the Board is satisfied that it is desirable to issue an environment protection notice under this subsection, in order to –