QLDIn ForceAct
Environmental Protection Act 1994
sec.369ODecision whether to issue an order
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### sec.369O Decision whether to issue an order
In deciding whether to issue an environmental enforcement order to a related person of a company under section 369P or 369Q , the administering authority—
must have regard to any relevant guidelines in force under section 548A ; and
may consider whether the related person took all reasonable steps, having regard to the extent to which the person was in a position to influence the company’s conduct, to ensure the company—
complied with its obligations under this Act; and
made adequate provision to fund the rehabilitation and restoration of the land because of environmental harm from a relevant activity carried out by the company.
s 369O (prev s 363ABA) ins 2016 No. 14 s 7
amd 2024 No. 30 s 32 (1)
renum 2024 No. 30 s 32 (2)
- (a) must have regard to any relevant guidelines in force under section 548A ; and
- (b) may consider whether the related person took all reasonable steps, having regard to the extent to which the person was in a position to influence the company’s conduct, to ensure the company— (i) complied with its obligations under this Act; and (ii) made adequate provision to fund the rehabilitation and restoration of the land because of environmental harm from a relevant activity carried out by the company.
- (i) complied with its obligations under this Act; and
- (ii) made adequate provision to fund the rehabilitation and restoration of the land because of environmental harm from a relevant activity carried out by the company.
- (i) complied with its obligations under this Act; and
- (ii) made adequate provision to fund the rehabilitation and restoration of the land because of environmental harm from a relevant activity carried out by the company.