sec.320AApplication of div 2

### sec.320A Application of div 2 This division applies if a person— while carrying out an activity (the primary activity ), becomes aware, or ought reasonably to have become aware, that an event has happened that causes or threatens serious or material environmental harm because of the person’s or someone else’s act or omission in carrying out the primary activity or another activity being carried out in association with the primary activity; or while carrying out a resource activity, other than a mining activity (also the primary activity ), becomes aware, or ought reasonably to have become aware, of the happening of 1 or both of the following events— the activity has negatively affected, or is reasonably likely to negatively affect, the water quality of an aquifer; the activity has caused the connection of 2 or more aquifers. Also, this division applies to a person who— is— the owner or occupier of land; or an auditor performing an auditor’s function mentioned in section 568 (b) ; or a rehabilitation auditor conducting an audit of a PRCP schedule under chapter 5 , part 12 ; and becomes aware, or ought reasonably to have become aware, of— the presence of, or happening of an event involving, a hazardous contaminant on the land that is causing, or is reasonably likely to cause, serious or material environmental harm; or if the land is contaminated land—a change in the condition of the land that is causing, or is reasonably likely to cause, serious or material environmental harm; or a notifiable activity having been carried out, or being carried out, on the land. See subdivision 3A about the duty of a person mentioned in subsection (2) . This division applies to a local government that becomes aware, or ought reasonably to have become aware, of— the presence of, or happening of an event involving, a hazardous contaminant in the local government area that is causing, or is reasonably likely to cause, serious or material environmental harm; or a change in the condition of contaminated land in the local government area that is causing, or is reasonably likely to cause, serious or material environmental harm; or a notifiable activity having been carried out, or being carried out, on land in the local government area. See subdivision 3B for the duty of a local government mentioned in subsection (3) . However, this division does not apply if the event is authorised to be caused under— an environmental protection policy; or a transitional environmental program; or an environmental enforcement order; or an environmental authority; or a PRCP schedule; or a development condition of a development approval; or a prescribed condition for carrying out a small scale mining activity; or an emergency direction; or an agricultural ERA standard; or a temporary emissions licence. s 320A ins 2010 No. 52 s 18 amd 2012 No. 16 s 78 sch (amd 2013 No. 10 s 21 (1) ); 2014 No. 59 s 123 ; 2018 No. 30 s 181 ; 2019 No. 28 s 39 sch 1 ; 2020 No. 26 s 79 ; 2023 No. 6 s 55 ; 2024 No. 30 s 17 (sec.320A-ssec.1) This division applies if a person— while carrying out an activity (the primary activity ), becomes aware, or ought reasonably to have become aware, that an event has happened that causes or threatens serious or material environmental harm because of the person’s or someone else’s act or omission in carrying out the primary activity or another activity being carried out in association with the primary activity; or while carrying out a resource activity, other than a mining activity (also the primary activity ), becomes aware, or ought reasonably to have become aware, of the happening of 1 or both of the following events— the activity has negatively affected, or is reasonably likely to negatively affect, the water quality of an aquifer; the activity has caused the connection of 2 or more aquifers. (sec.320A-ssec.2) Also, this division applies to a person who— is— the owner or occupier of land; or an auditor performing an auditor’s function mentioned in section 568 (b) ; or a rehabilitation auditor conducting an audit of a PRCP schedule under chapter 5 , part 12 ; and becomes aware, or ought reasonably to have become aware, of— the presence of, or happening of an event involving, a hazardous contaminant on the land that is causing, or is reasonably likely to cause, serious or material environmental harm; or if the land is contaminated land—a change in the condition of the land that is causing, or is reasonably likely to cause, serious or material environmental harm; or a notifiable activity having been carried out, or being carried out, on the land. See subdivision 3A about the duty of a person mentioned in subsection (2) . (sec.320A-ssec.3) This division applies to a local government that becomes aware, or ought reasonably to have become aware, of— the presence of, or happening of an event involving, a hazardous contaminant in the local government area that is causing, or is reasonably likely to cause, serious or material environmental harm; or a change in the condition of contaminated land in the local government area that is causing, or is reasonably likely to cause, serious or material environmental harm; or a notifiable activity having been carried out, or being carried out, on land in the local government area. See subdivision 3B for the duty of a local government mentioned in subsection (3) . (sec.320A-ssec.4) However, this division does not apply if the event is authorised to be caused under— an environmental protection policy; or a transitional environmental program; or an environmental enforcement order; or an environmental authority; or a PRCP schedule; or a development condition of a development approval; or a prescribed condition for carrying out a small scale mining activity; or an emergency direction; or an agricultural ERA standard; or a temporary emissions licence. - (a) while carrying out an activity (the primary activity ), becomes aware, or ought reasonably to have become aware, that an event has happened that causes or threatens serious or material environmental harm because of the person’s or someone else’s act or omission in carrying out the primary activity or another activity being carried out in association with the primary activity; or - (b) while carrying out a resource activity, other than a mining activity (also the primary activity ), becomes aware, or ought reasonably to have become aware, of the happening of 1 or both of the following events— (i) the activity has negatively affected, or is reasonably likely to negatively affect, the water quality of an aquifer; (ii) the activity has caused the connection of 2 or more aquifers. - (i) the activity has negatively affected, or is reasonably likely to negatively affect, the water quality of an aquifer; - (ii) the activity has caused the connection of 2 or more aquifers. - (i) the activity has negatively affected, or is reasonably likely to negatively affect, the water quality of an aquifer; - (ii) the activity has caused the connection of 2 or more aquifers. - (a) is— (i) the owner or occupier of land; or (ii) an auditor performing an auditor’s function mentioned in section 568 (b) ; or (iii) a rehabilitation auditor conducting an audit of a PRCP schedule under chapter 5 , part 12 ; and - (i) the owner or occupier of land; or - (ii) an auditor performing an auditor’s function mentioned in section 568 (b) ; or - (iii) a rehabilitation auditor conducting an audit of a PRCP schedule under chapter 5 , part 12 ; and - (b) becomes aware, or ought reasonably to have become aware, of— (i) the presence of, or happening of an event involving, a hazardous contaminant on the land that is causing, or is reasonably likely to cause, serious or material environmental harm; or (ii) if the land is contaminated land—a change in the condition of the land that is causing, or is reasonably likely to cause, serious or material environmental harm; or (iii) a notifiable activity having been carried out, or being carried out, on the land. - (i) the presence of, or happening of an event involving, a hazardous contaminant on the land that is causing, or is reasonably likely to cause, serious or material environmental harm; or - (ii) if the land is contaminated land—a change in the condition of the land that is causing, or is reasonably likely to cause, serious or material environmental harm; or - (iii) a notifiable activity having been carried out, or being carried out, on the land. - (i) the owner or occupier of land; or - (ii) an auditor performing an auditor’s function mentioned in section 568 (b) ; or - (iii) a rehabilitation auditor conducting an audit of a PRCP schedule under chapter 5 , part 12 ; and - (i) the presence of, or happening of an event involving, a hazardous contaminant on the land that is causing, or is reasonably likely to cause, serious or material environmental harm; or - (ii) if the land is contaminated land—a change in the condition of the land that is causing, or is reasonably likely to cause, serious or material environmental harm; or - (iii) a notifiable activity having been carried out, or being carried out, on the land. - (a) the presence of, or happening of an event involving, a hazardous contaminant in the local government area that is causing, or is reasonably likely to cause, serious or material environmental harm; or - (b) a change in the condition of contaminated land in the local government area that is causing, or is reasonably likely to cause, serious or material environmental harm; or - (c) a notifiable activity having been carried out, or being carried out, on land in the local government area. - (a) an environmental protection policy; or - (b) a transitional environmental program; or - (c) an environmental enforcement order; or - (d) an environmental authority; or - (e) a PRCP schedule; or - (f) a development condition of a development approval; or - (g) a prescribed condition for carrying out a small scale mining activity; or - (h) an emergency direction; or - (i) an agricultural ERA standard; or - (j) a temporary emissions licence.