sec.367Actions stated under environmental enforcement order

### sec.367 Actions stated under environmental enforcement order This section applies in relation to the requirement under section 366 (1) (e) for an environmental enforcement order to state the actions the recipient must take under the order. Without limiting the actions that may be stated, an environmental enforcement order may— require the recipient to not start, or stop, a stated activity indefinitely, for a stated period or until further notice from the administering authority; or require the recipient to carry out a stated activity only during stated times or subject to stated conditions; or state the reasonable steps the administering authority considers necessary to— remedy or otherwise address the relevant matter, including, for example, requiring a person to clean up, fix or rectify environmental harm; or avoid contravention or further contravention of a provision of this Act; or if the order is issued on an enforcement ground mentioned in section 359 (d) in relation to an incident involving contamination or under section 362 (2) (a) —require the recipient to take stated action to do all or any of the following— prevent or minimise contamination; action to contain, remove, disperse or destroy the contaminants rehabilitate or restore the environment because of the incident, including by taking steps to mitigate or remedy the effects of the incident; assess the nature and extent of the environmental harm, or the risk of further environmental harm, from the incident, including by inspecting, sampling, recording, measuring, calculating, testing or analysing; keep the administering authority informed about the incident or the actions taken under the order, including by giving to the administering authority stated reports, plans, drawings or other documents. s 367 prev s 367 sub 1997 No. 80 s 19 amd 2000 No. 64 s 21 ; 2003 No. 95 s 26 ; 2004 No. 53 s 2 sch (amdt could not be given effect); 2004 No. 48 s 117 ; 2007 No. 56 s 6 sch ; 2009 No. 3 s 463 om 2012 No. 16 s 27 pres s 367 ins 2024 No. 30 s 28 (sec.367-ssec.1) This section applies in relation to the requirement under section 366 (1) (e) for an environmental enforcement order to state the actions the recipient must take under the order. (sec.367-ssec.2) Without limiting the actions that may be stated, an environmental enforcement order may— require the recipient to not start, or stop, a stated activity indefinitely, for a stated period or until further notice from the administering authority; or require the recipient to carry out a stated activity only during stated times or subject to stated conditions; or state the reasonable steps the administering authority considers necessary to— remedy or otherwise address the relevant matter, including, for example, requiring a person to clean up, fix or rectify environmental harm; or avoid contravention or further contravention of a provision of this Act; or if the order is issued on an enforcement ground mentioned in section 359 (d) in relation to an incident involving contamination or under section 362 (2) (a) —require the recipient to take stated action to do all or any of the following— prevent or minimise contamination; action to contain, remove, disperse or destroy the contaminants rehabilitate or restore the environment because of the incident, including by taking steps to mitigate or remedy the effects of the incident; assess the nature and extent of the environmental harm, or the risk of further environmental harm, from the incident, including by inspecting, sampling, recording, measuring, calculating, testing or analysing; keep the administering authority informed about the incident or the actions taken under the order, including by giving to the administering authority stated reports, plans, drawings or other documents. - (a) require the recipient to not start, or stop, a stated activity indefinitely, for a stated period or until further notice from the administering authority; or - (b) require the recipient to carry out a stated activity only during stated times or subject to stated conditions; or - (c) state the reasonable steps the administering authority considers necessary to— (i) remedy or otherwise address the relevant matter, including, for example, requiring a person to clean up, fix or rectify environmental harm; or (ii) avoid contravention or further contravention of a provision of this Act; or - (i) remedy or otherwise address the relevant matter, including, for example, requiring a person to clean up, fix or rectify environmental harm; or - (ii) avoid contravention or further contravention of a provision of this Act; or - (d) if the order is issued on an enforcement ground mentioned in section 359 (d) in relation to an incident involving contamination or under section 362 (2) (a) —require the recipient to take stated action to do all or any of the following— (i) prevent or minimise contamination; Example— action to contain, remove, disperse or destroy the contaminants (ii) rehabilitate or restore the environment because of the incident, including by taking steps to mitigate or remedy the effects of the incident; (iii) assess the nature and extent of the environmental harm, or the risk of further environmental harm, from the incident, including by inspecting, sampling, recording, measuring, calculating, testing or analysing; (iv) keep the administering authority informed about the incident or the actions taken under the order, including by giving to the administering authority stated reports, plans, drawings or other documents. - (i) prevent or minimise contamination; Example— action to contain, remove, disperse or destroy the contaminants - (ii) rehabilitate or restore the environment because of the incident, including by taking steps to mitigate or remedy the effects of the incident; - (iii) assess the nature and extent of the environmental harm, or the risk of further environmental harm, from the incident, including by inspecting, sampling, recording, measuring, calculating, testing or analysing; - (iv) keep the administering authority informed about the incident or the actions taken under the order, including by giving to the administering authority stated reports, plans, drawings or other documents. - (i) remedy or otherwise address the relevant matter, including, for example, requiring a person to clean up, fix or rectify environmental harm; or - (ii) avoid contravention or further contravention of a provision of this Act; or - (i) prevent or minimise contamination; Example— action to contain, remove, disperse or destroy the contaminants - (ii) rehabilitate or restore the environment because of the incident, including by taking steps to mitigate or remedy the effects of the incident; - (iii) assess the nature and extent of the environmental harm, or the risk of further environmental harm, from the incident, including by inspecting, sampling, recording, measuring, calculating, testing or analysing; - (iv) keep the administering authority informed about the incident or the actions taken under the order, including by giving to the administering authority stated reports, plans, drawings or other documents.