QLDIn ForceAct
Environmental Protection Act 1994
sec.369CNotice of disposal by recipient in particular circumstances
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### sec.369C Notice of disposal by recipient in particular circumstances
This section applies if the recipient of an environmental enforcement order proposes to dispose of the place or business to which the order relates to someone else (the buyer ).
Before agreeing to dispose of the place or business, the recipient must give written notice to the buyer of the existence of the order.
Maximum penalty—50 penalty units.
If the recipient does not comply with subsection (2) , the buyer may rescind the agreement by written notice given to the recipient before the completion of the agreement or possession under the agreement, whichever is the earlier.
On rescission of the agreement under subsection (3) —
a person who was paid amounts by the buyer under the agreement must refund the amounts to the buyer; and
the buyer must return to the recipient any documents about the disposal (other than the buyer’s copy of the agreement).
Subsections (3) and (4) have effect despite anything to the contrary in the agreement.
Within 10 business days after agreeing to dispose of the place or business, the recipient must give written notice of the disposal to the administering authority.
Maximum penalty for subsection (6) —50 penalty units.
s 369C prev s 369C ins 2008 No. 52 s 31
om 2011 No. 31 s 305
pres s 369C ins 2024 No. 30 s 28
(sec.369C-ssec.1) This section applies if the recipient of an environmental enforcement order proposes to dispose of the place or business to which the order relates to someone else (the buyer ).
(sec.369C-ssec.2) Before agreeing to dispose of the place or business, the recipient must give written notice to the buyer of the existence of the order. Maximum penalty—50 penalty units.
(sec.369C-ssec.3) If the recipient does not comply with subsection (2) , the buyer may rescind the agreement by written notice given to the recipient before the completion of the agreement or possession under the agreement, whichever is the earlier.
(sec.369C-ssec.4) On rescission of the agreement under subsection (3) — a person who was paid amounts by the buyer under the agreement must refund the amounts to the buyer; and the buyer must return to the recipient any documents about the disposal (other than the buyer’s copy of the agreement).
(sec.369C-ssec.5) Subsections (3) and (4) have effect despite anything to the contrary in the agreement.
(sec.369C-ssec.6) Within 10 business days after agreeing to dispose of the place or business, the recipient must give written notice of the disposal to the administering authority. Maximum penalty for subsection (6) —50 penalty units.
- (a) a person who was paid amounts by the buyer under the agreement must refund the amounts to the buyer; and
- (b) the buyer must return to the recipient any documents about the disposal (other than the buyer’s copy of the agreement).