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s 82

Authority may require emergency plan

In force
Part 9Environmental protection
Division 9.3Emergency plans

82 Authority may require emergency plan

(1)

The authority may, by written notice require a person conducting, or proposing to conduct, an activity to prepare and submit for approval to the authority a draft emergency plan in relation to the activity, if the authority has reasonable grounds for believing that 1 or more specified environmental emergencies may occur during the conduct of that activity.

(2)

A notice under subsection (1)—

(a)

must specify the grounds on which the draft emergency plan is required; and

(b)

must outline the facts and circumstances forming the basis for the grounds; and

(c)

must specify the environmental emergencies that must be addressed in the draft plan; and

(d)

may specify that certain preparation requirements be included in the draft plan; and

(e)

may require that the draft plan be prepared on the person’s behalf by a person who holds specified qualifications; and

(f)

may require that specified inquiries be undertaken by that person before preparing the draft plan; and

(g)

must specify a date (not earlier than 20 working days after the date of the notice) on or before which the person must submit the draft plan to the authority; and

(h)

must specify—

(i)

the fee that must be paid when the draft plan is submitted; or

(ii)

the rate at which, or the formula or other method by which, that fee is to be calculated.

(3)

A person must not fail to comply with a notice under subsection (1).

Maximum penalty (subsection (3)): 50 penalty units.

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Section 82 — Authority may require emergency plan — Environment Protection Act 1997 (Australian Capital Territory) — Barrister AI