91AAAncillary directions

91AA Ancillary directions

91AA Ancillary directions

(1) This section applies if the appropriate regulatory authority—

(a) has given a clean-up notice to a person, and

(b) reasonably believes access to premises or a substance on premises needs to be restricted—

(i) to allow clean-up action to be taken under the clean-up notice, or

(ii) because there is a risk to human health from the substance the subject of the pollution incident for which clean-up action must be taken.

(2) The appropriate regulatory authority may give a direction (an ancillary direction)—

(a) prohibiting, regulating or controlling entry or exit to the premises, or

(b) providing for matters to secure, or restrict or prevent access to, the substance, or

(c) prohibiting, regulating or controlling an activity in connection with the substance.

(3) The appropriate regulatory authority may give an ancillary direction by—

(a) publishing notice of the direction on a NSW Government website, or

(b) for an emergency—displaying a copy of the direction in a prominent place in or adjacent to the premises to which the direction applies.

(4) An ancillary direction takes effect when notice of the direction is published or a copy of the direction is displayed under subsection (3).

(5) If an ancillary direction is given under subsection (3)(b), notice of the ancillary direction must be published on a NSW Government website as soon as practicable after the ancillary direction is given.

s 91AA: Ins 2025 No 58, Sch 9[31].