sec.359Meaning of enforcement ground

### sec.359 Meaning of enforcement ground Each of the following is a ground (an enforcement ground ) on which to issue an environmental enforcement order to a person— the person has not complied with a requirement to conduct or commission an environmental evaluation and give or submit a report about the evaluation to the administering authority; the person has not complied with a requirement to apply for the issue of a transitional environmental program; it is necessary to issue an environmental enforcement order to secure the person’s compliance with the general environmental duty; it is necessary to issue an environmental enforcement order to secure the person’s compliance with the duty to restore the environment; it is necessary to issue an environmental enforcement order to secure the person’s compliance with— an environmental protection policy; or a condition of an environmental authority; or a development condition of a development approval; or a prescribed condition for carrying out a small scale mining activity; or a condition of a site management plan for relevant land; or a PRCP schedule; or an audit notice; or a surrender notice for an environmental authority; or a rehabilitation direction; or a regulation; or an agricultural ERA standard; or a transitional environmental program; or a condition of a temporary emissions licence; the person is contravening any of the following provisions, or has contravened any of the following provisions in circumstances that make it likely the contravention will continue or be repeated— section 426 ; section 440 ; section 440Q ; section 440ZG ; a provision of chapter 8 , part 3E or 3F . s 359 sub 2024 No. 30 s 28 - (a) the person has not complied with a requirement to conduct or commission an environmental evaluation and give or submit a report about the evaluation to the administering authority; - (b) the person has not complied with a requirement to apply for the issue of a transitional environmental program; - (c) it is necessary to issue an environmental enforcement order to secure the person’s compliance with the general environmental duty; - (d) it is necessary to issue an environmental enforcement order to secure the person’s compliance with the duty to restore the environment; - (e) it is necessary to issue an environmental enforcement order to secure the person’s compliance with— (i) an environmental protection policy; or (ii) a condition of an environmental authority; or (iii) a development condition of a development approval; or (iv) a prescribed condition for carrying out a small scale mining activity; or (v) a condition of a site management plan for relevant land; or (vi) a PRCP schedule; or (vii) an audit notice; or (viii) a surrender notice for an environmental authority; or (ix) a rehabilitation direction; or (x) a regulation; or (xi) an agricultural ERA standard; or (xii) a transitional environmental program; or (xiii) a condition of a temporary emissions licence; - (i) an environmental protection policy; or - (ii) a condition of an environmental authority; or - (iii) a development condition of a development approval; or - (iv) a prescribed condition for carrying out a small scale mining activity; or - (v) a condition of a site management plan for relevant land; or - (vi) a PRCP schedule; or - (vii) an audit notice; or - (viii) a surrender notice for an environmental authority; or - (ix) a rehabilitation direction; or - (x) a regulation; or - (xi) an agricultural ERA standard; or - (xii) a transitional environmental program; or - (xiii) a condition of a temporary emissions licence; - (f) the person is contravening any of the following provisions, or has contravened any of the following provisions in circumstances that make it likely the contravention will continue or be repeated— (i) section 426 ; (ii) section 440 ; (iii) section 440Q ; (iv) section 440ZG ; (v) a provision of chapter 8 , part 3E or 3F . - (i) section 426 ; - (ii) section 440 ; - (iii) section 440Q ; - (iv) section 440ZG ; - (v) a provision of chapter 8 , part 3E or 3F . - (i) an environmental protection policy; or - (ii) a condition of an environmental authority; or - (iii) a development condition of a development approval; or - (iv) a prescribed condition for carrying out a small scale mining activity; or - (v) a condition of a site management plan for relevant land; or - (vi) a PRCP schedule; or - (vii) an audit notice; or - (viii) a surrender notice for an environmental authority; or - (ix) a rehabilitation direction; or - (x) a regulation; or - (xi) an agricultural ERA standard; or - (xii) a transitional environmental program; or - (xiii) a condition of a temporary emissions licence; - (i) section 426 ; - (ii) section 440 ; - (iii) section 440Q ; - (iv) section 440ZG ; - (v) a provision of chapter 8 , part 3E or 3F .