QLDIn ForceAct
Environmental Protection Act 1994
sec.326BWhen environmental investigation required—environmental harm
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### sec.326B When environmental investigation required—environmental harm
This section applies if the administering authority is satisfied on reasonable grounds that—
an event has happened causing environmental harm while an activity was being carried out; or
an activity or proposed activity is causing, or is likely to cause environmental harm.
The authority may, by written notice (an investigation notice ), require the person who has carried out, is carrying out or is proposing to carry out the activity to—
conduct or commission an investigation (an environmental investigation ) about the event or activity; and
submit an environmental report about the investigation to the authority.
This section does not apply if the administering authority requires an environmental audit for the event or activity.
To remove any doubt, it is declared that the administering authority may give an investigation notice under this section to a person in relation to an activity even if the person is the holder of an environmental authority that authorises, or purportedly authorises, the activity.
In this section—
activity includes rehabilitation or remediation work.
s 326B ins 2012 No. 16 s 9
amd 2014 No. 59 s 127 ; 2024 No. 30 s 23
(sec.326B-ssec.1) This section applies if the administering authority is satisfied on reasonable grounds that— an event has happened causing environmental harm while an activity was being carried out; or an activity or proposed activity is causing, or is likely to cause environmental harm.
(sec.326B-ssec.2) The authority may, by written notice (an investigation notice ), require the person who has carried out, is carrying out or is proposing to carry out the activity to— conduct or commission an investigation (an environmental investigation ) about the event or activity; and submit an environmental report about the investigation to the authority.
(sec.326B-ssec.3) This section does not apply if the administering authority requires an environmental audit for the event or activity.
(sec.326B-ssec.4) To remove any doubt, it is declared that the administering authority may give an investigation notice under this section to a person in relation to an activity even if the person is the holder of an environmental authority that authorises, or purportedly authorises, the activity.
(sec.326B-ssec.5) In this section— activity includes rehabilitation or remediation work.
- (a) an event has happened causing environmental harm while an activity was being carried out; or
- (b) an activity or proposed activity is causing, or is likely to cause environmental harm.
- (a) conduct or commission an investigation (an environmental investigation ) about the event or activity; and
- (b) submit an environmental report about the investigation to the authority.