45Duties arising under environment protection notice

45 Duties arising under environment protection notice

(1)  [Section 45 Subsection (1) amended by No. 56 of 2000, s. 24, Applied:14 Jul 2000] [Section 45 Subsection (1) amended by No. 56 of 2000, s. 24, Applied:14 Jul 2000] [Section 45 Subsection (1) substituted by No. 45 of 2012, s. 22, Applied:06 Dec 2012] A person who is responsible for an environmentally relevant activity who, having been served with an environment protection notice, intends to cease to be responsible for or, in any event, to cease to conduct, the activity in respect of which the notice was served must, before that cessation –

(a) notify the Director or, in the case of an environment protection notice served by a council officer, the council in writing of that intention; and

(b) where there is an intention to cease to be responsible for the activity, provide the Director or the council with full particulars in writing of any person succeeding him or her as the person responsible.

Penalty:  Fine not exceeding 10 penalty units.

(2)  [Section 45 Subsection (2) substituted by No. 45 of 2012, s. 22, Applied:06 Dec 2012] Where a person who has ceased to conduct an environmentally relevant activity, in respect of which an environment protection notice was served upon him or her, intends to resume conduct of the activity, he or she must, not less than 30 days before that resumption, notify the Director or, in the case of an environment protection notice served by a council officer, the council in writing of that intention.

Penalty:  Fine not exceeding 10 penalty units.

(3)  If a person bound by an environment protection notice contravenes a requirement of the notice, that person is guilty of an offence and is liable on summary conviction to –

(a) if the notice was issued for the purpose of securing compliance with a requirement imposed by or under this Act and a penalty is fixed by this Act for contravention of that requirement, that penalty; or

(b) in any other case, a penalty not exceeding 1 000 penalty units in the case of a body corporate or 500 penalty units in any other case.