97Emergency powers to control pollution

97 Emergency powers to control pollution (1) Notwithstanding anything in this Act or any other law in force in the Territory, the Minister may, in circumstances which the Minister considers to constitute an emergency, by notice in writing served on a person and in relation to the period specified in the notice: (a) authorise the person, subject to such conditions, if any, as are specified in the notice, to discharge into water, or to place in or on land, such waste as is specified in the notice; or (b) prohibit the person from discharging into water, or from placing on land, such waste as is specified in the notice either absolutely or otherwise than in accordance with the conditions, if any, specified in the notice. (2) A person who discharges waste into water or places waste on land in accordance with a notice under subsection (1) is not guilty of an offence against this Act by reason only of so doing. (3) A person who discharges waste into water or places waste on land in contravention of a notice under subsection (1) is guilty of an offence notwithstanding that the contents of the notice differ from, are inconsistent with or are contrary to a term or condition to which a licence granted, consent issued, or an agreement made, under this or any other Act is subject. (3A) An offence against subsection (3) is an environmental offence (4) The Minister may, in circumstances the Minister considers constitute an emergency, take the action that the Minister considers necessary for the prevention, abatement or mitigation of water Water Act 1992 84 pollution and may recover the reasonable cost of so doing as a debt due and payable to the Territory by the person whose action or omission caused, or was one of the causes of, that pollution.