86General enforcement power of EPA

86 General enforcement power of EPA

86 General enforcement power of EPA

(1) The EPA may, by order in writing served on a person, do either or both of the following:

(a) suspend any or all credits held by the person,

(b) prohibit the person from transferring or accepting the transfer of credits, or impose conditions on any such transfers.

(2) Such an order (an enforcement order) may be made only if the EPA is satisfied that the person:

(a) has contravened a provision of this Regulation, or

(b) has contravened a condition of the person’s discharge licence, being a condition that relates to the scheme.

(3) An enforcement order takes effect on the date notice of the order is served on the person against whom it is made, or on a later date specified in the order, subject to clause 87.

(4) An enforcement order may be expressed to have effect for a specified period, or until the fulfilment of specified conditions, or until further order of the EPA.

(5) An enforcement order has effect according to its tenor, despite any other provision of this Regulation.

(6) A person must not contravene the terms of an enforcement order.

Maximum penalty:

(a) in the case of a corporation—400 penalty units, and

(b) in the case of an individual—200 penalty units.

(7) An enforcement order does not affect the liability of a person to pay a contribution in respect of a discharge licence or credit under this Regulation.

(8) This clause does not prevent any proceedings being taken for an offence against the Act or this Regulation.

cl 86: Am 2016 (775), Sch 1 [65]–[67].