90BIssue of preliminary investigation notices

90B Issue of preliminary investigation notices

90B Issue of preliminary investigation notices

(1) This section applies if the EPA reasonably suspects any of the following circumstances (relevant circumstances) may exist or have existed at premises—

(a) circumstances that may pose a potential risk of harm to human health or the environment from—

(i) a substance, or

(ii) the deposit of waste or substances suspected of being waste,

(b) a pollution incident.

(2) The EPA may issue a person referred to in subsection (3) with a written notice (a preliminary investigation notice) to facilitate the EPA carrying out a preliminary investigation to determine whether the relevant circumstances exist.

(3) A preliminary investigation notice may be issued to—

(a) an owner or occupier of the premises, or

(b) a person who has caused or contributed to, to any extent, the relevant circumstances which are the subject of the notice.

(4) A person to whom a preliminary investigation notice is issued must comply with the notice.

Maximum penalty for subsection (4)—

(a) for a corporation—$2,000,000 and, for a continuing offence, a further penalty of $240,000 for each day the offence continues, or

(b) for an individual—$500,000 and, for a continuing offence, a further penalty of $120,000 for each day the offence continues.

s 90B: Ins 2024 No 20, Sch 9[14].