38AOrders to remedy or mitigate damage if order under section 34, 35, 35A or 38 not complied with

#### 38A Orders to remedy or mitigate damage if order under section 34, 35, 35A or 38 not complied with (1) If: (a) the person has been given an order under section 34, 35, 35A or 38 requiring the person: (i) to deal with hazardous waste in a specified way; or (ii) to deal with hazardous waste by a specified time; and (b) the person does an act or omits to do an act; and (c) the act or omission contravenes the requirement; and (d) the Minister is satisfied that the non‑compliance with the requirement resulted in the waste causing significant injury or damage to human beings or the environment; the Minister may, in writing, order the person to take such steps as the Minister thinks proper to remedy or mitigate the damage. > Note: A requirement to deal with hazardous waste in a specified way includes a requirement to import or export the waste. (2) The Minister must not, under subsection (1), order the person to pay compensation.