Environment Protection Act 1997

This section applies—

if—

an environment protection order requires a person to take specified action to remedy specified environmental harm or likely environmental harm; and

the person has failed to take the specified action; and

the authority has taken the specified action instead; or

if—

a person has breached the general environmental duty; and

environmental harm or likely environmental harm has been caused by the breach; and

it is impracticable to issue an environment protection order requiring the person to take action to remedy the harm; and

the authority has taken action to remedy the harm.

The authority may give the person who failed to take the specified action or who breached the duty, a notice requiring the person to pay the specified amount, being the reasonable costs and expenses incurred by the authority in taking the action mentioned in subsection (1) (a) (iii) or (b) (iv).

The notice must specify the date, not earlier than 20 working days after the date of the notice, on or before which the amount is required to be paid.

If—

the authority has given a person a notice under subsection (2); and

the person has failed to pay the specified amount on or before the specified date;

so much of the amount as remains unpaid, together with interest on the unpaid amount, is a debt due to the Territory by that person.

Note A rate of interest may be determined under s 165 for this subsection.