Environmental Management and Pollution Control Act 1994
32Notification of incidents
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32 Notification of incidents
[Section 32 Substituted by No. 56 of 2000, s. 15, Applied:14 Jul 2000]
(1) [Section 32 Subsection (1) amended by No. 45 of 2007, s. 12, Applied:29 Nov 2007] [Section 32 Subsection (1) substituted by No. 45 of 2012, s. 16, Applied:06 Dec 2012] A person responsible for –
(a) a level 1 activity, other than an activity in relation to which a determination has been made in accordance with section 24(4A) ; or
(b) an activity that is not a level 2 activity or a level 3 activity, and that has not been assessed and approved by the Board under section 27 –
must notify the relevant council, as soon as reasonably practicable but not later than 24 hours, after becoming aware of the release of a pollutant occurring as the result of any incident in relation to that activity, including an emergency, accident or malfunction, if this release causes or may cause an environmental nuisance.
(2) [Section 32 Subsection (2) amended by No. 45 of 2012, s. 16, Applied:06 Dec 2012] [Section 32 Subsection (2) amended by No. 45 of 2007, s. 12, Applied:29 Nov 2007] A person responsible for an activity that is to be treated as if it were a level 2 activity in accordance with section 24(4A) , or an activity that is a level 2 activity or a level 3 activity, or an activity that is assessed and approved by the Board under section 27 , must notify the Director, as soon as reasonably practicable but not later than 24 hours, after becoming aware of the release of a pollutant occurring as a result of any incident in relation to that activity, including an emergency, accident or malfunction, if this release causes or may cause an environmental nuisance.
(3) A person responsible for an environmentally relevant activity must notify the Director, as soon as reasonably practicable but not later than 24 hours, after becoming aware of the release of a pollutant occurring as a result of any incident in relation to that activity, including an emergency, accident or malfunction, if this release causes or may cause serious or material environmental harm.