Commonwealth powers to remedy environmental damage
499 Commonwealth powers to remedy environmental damage
This section applies if the CEO suspects that an act or omission constitutes a contravention of this Act or the regulations (whether or not the act or omission is an offence against this Act or the regulations).
On behalf of the Commonwealth, the CEO may cause to be taken such steps as he or she thinks proper:
to repair or remove any condition that arises from the act or omission and relates to:
the environment; or
if the contravention was of a provision of Part 3—the matter protected by the provision; or
to mitigate any damage that arises from the act or omission and relates to:
the environment; or
if the contravention was of a provision of Part 3—the matter protected by the provision; or
to prevent any damage that is likely to arise from the act or omission and relates to:
the environment; or
if the contravention was of a provision of Part 3—the matter protected by the provision.
If:
a person provided false or misleading information in contravention of section 489; and
as a result of the contravention the Minister or the CEO granted an environmental authority to a person, or set conditions relating to the environmental authority, unaware of the certainty or likelihood of the action covered by the authority:
resulting in damage to the environment or to a matter protected by a provision of Part 3; or
giving rise to a condition relating to the environment or to a matter protected by a provision of Part 3; and
the action results in damage to the environment or gives rise to a condition relating to the environment;
then, for the purposes of this section and section 500, the damage or condition is taken to arise from the provision of false or misleading information in contravention of section 489.
This section does not affect the exercise by the Commonwealth, the Minister or the CEO of powers under another provision of this Act or under any other law.
This provision refers to the regulations (the regulations
). Made under this Act:
- World Heritage Properties Conservation Act 1983 - Proclamation under section 10 - para 3(b) of the World Heritage Properties Conservation Regulations (26/05/1983) · under Subdiv A of Div 1 of Pt 3
- World Heritage Properties Conservation Act 1983 - Proclamation under section 9 - para 3(b) of the World Heritage Properties Conservation Regulations (26/05/1983) · under Subdiv A of Div 1 of Pt 3
97 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory memorandumSecond reading speech
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