QLDIn ForceAct
Environmental Protection Act 1994
sec.368Time for taking action must be reasonable
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### sec.368 Time for taking action must be reasonable
This section applies in relation to the requirement under section 366 (1) (f) for an environmental enforcement order to state a time for taking a stated action.
The time stated in the environmental enforcement order must be reasonable having regard to—
the nature of the action that must be taken; and
the risk to human health or the environment, or risk of loss or damage to property, posed by the relevant matter; and
how long the person has been aware of the relevant matter, for example, because an authorised person has previously made an oral requirement that the relevant matter be remedied or otherwise addressed.
s 368 prev s 368 ins 1995 No. 52 s 5
om 2011 No. 31 s 305
pres s 368 ins 2024 No. 30 s 28
(sec.368-ssec.1) This section applies in relation to the requirement under section 366 (1) (f) for an environmental enforcement order to state a time for taking a stated action.
(sec.368-ssec.2) The time stated in the environmental enforcement order must be reasonable having regard to— the nature of the action that must be taken; and the risk to human health or the environment, or risk of loss or damage to property, posed by the relevant matter; and how long the person has been aware of the relevant matter, for example, because an authorised person has previously made an oral requirement that the relevant matter be remedied or otherwise addressed.
- (a) the nature of the action that must be taken; and
- (b) the risk to human health or the environment, or risk of loss or damage to property, posed by the relevant matter; and
- (c) how long the person has been aware of the relevant matter, for example, because an authorised person has previously made an oral requirement that the relevant matter be remedied or otherwise addressed.