44Suspension of operations

44 Suspension of operations

(1)  If the Secretary believes, on reasonable grounds, that an operator of a landfill facility has committed an offence against this Act, the Secretary may issue a notice in writing to the operator requiring that some or all of the operations of the landfill facility be suspended.

(2)  Before issuing a notice under subsection (1) , the Secretary is to consult with the Director in respect of operations of the landfill facility the suspension of which may cause environmental harm or environmental nuisance to occur.

(3)  A notice issued under subsection (1) in relation to a landfill facility is to –

(a) specify the landfill facility to which the notice relates and the operator of the landfill facility; and

(b) specify the offence, referred to in subsection (1) , to which the notice relates; and

(c) specify the operations to be suspended in accordance with the notice; and

(d) specify the date on which the suspension takes effect; and

(e) state that the suspension will continue in effect until a revocation in accordance with this section is issued; and

(f) specify the conditions that must be met in order for a revocation in accordance with this section to be issued; and

(g) state that the operator may appeal in accordance with subsection (6) or (7) .

(4)  An operator of a landfill facility must comply with a notice issued under subsection (1) to the operator.

Penalty:  Fine not exceeding 400 penalty units or imprisonment for a term not exceeding 24 months, or both.

(5)  If an operator of a landfill facility to whom a notice has been issued under subsection (1) provides evidence that the conditions required to be met, specified in accordance with subsection (3)(f) , have been met as far as is reasonably practical, the Secretary, if satisfied with that evidence, must issue, in writing to the operator, a revocation of the suspension.