92Clean-up by public authorities

92 Clean-up by public authorities

92 Clean-up by public authorities

(1) Directions to public authorities to take clean-up action If the EPA reasonably suspects that a pollution incident has occurred or is occurring, the EPA may, by notice in writing, direct a public authority to take such clean-up action as is specified in the notice. The public authority is authorised and required to take that action.

(2) Voluntary clean-up action by public authorities If a public authority reasonably suspects that a pollution incident has occurred or is occurring, the public authority may take such clean-up action as it considers necessary. The public authority is authorised to take that action, whether or not it is directed to take clean-up action under subsection (1).

(3) Operation of section Notices may be given, and action may be taken, under this section—

(a) whether or not the EPA is the appropriate regulatory authority with respect to the pollution incident, and

(b) whether or not a clean-up notice has been given under section 91, and (if such a notice has been given) whether or not the period specified in the notice under that section has ended.

(4) Taking of clean-up action A public authority may take clean-up action under this section by itself or by its employees, agents or contractors.

(5) Definition In this section—

public authority does not include a State owned corporation or the lessor of a transacted distribution system or transacted transmission system under the Electricity Network Assets (Authorised Transactions) Act 2015.

s 92: Am 2015 No 5, Sch 8.21 [2].