Environmental Management and Pollution Control Act 1994
45ATransfer of environment protection notice
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45A Transfer of environment protection notice
[Section 45A Inserted by No. 45 of 2012, s. 23, Applied:06 Dec 2012]
(1) On receipt of notification from a person under section 45(1)(a) and particulars from that person under section 45(1)(b) , the Director or, in the case of an environment protection notice served by a council officer, the council officer may amend the environment protection notice by substituting the name of that person with the name of the person identified in the particulars.
(2) On the amendment of an environment protection notice under subsection (1) –
(a) the amended notice must be served on any person whose name has been inserted in the notice in substitution for another name in accordance with that subsection; and
(b) any such person is not, in respect of the service of the amended notice, a person to whom section 44(6) applies; and
(c) the person whose name has been omitted in accordance with subsection (1) is no longer bound by the notice, notwithstanding section 45(4) .
(3) On service being effected under subsection (2)(a) , the person served is, subject to subsection (2)(b) , taken to have been served with an environment protection notice under section 44(1) or (2) , as the case may be.