Duty to notify of actual or threatened environmental harm
23 Duty to notify of actual or threatened environmental harm
Subject to subsection (2), this section applies to a person conducting an activity who becomes aware that the activity has caused, is causing or is likely to cause serious or material environmental harm from pollution (an environmental situation).
This section does not apply if the environmental harm or potential environmental harm is authorised by or under this Act or another territory law.
As soon as reasonably practicable after becoming aware of the environmental situation, the person must notify the authority of the environmental situation, its nature and the action taken to deal with the situation and any environmental harm that has been caused.
Subject to subsection (5), a person must not, without reasonable excuse, contravene subsection (3).
Maximum penalty: 50 penalty units.
A person is not required to notify the authority of an environmental situation if the person has reasonable grounds for believing that the environmental situation has already come to the notice of an authorised officer.
This Act’s bill:Explanatory statement
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