Requirements of environment protection notices
178 Requirements of environment protection notices
(1) Subject to sections 182, 182A and 183, an environment protection notice may impose any requirement reasonably required for the purpose for which the notice is issued, including one or more of the following:
(a) a requirement (a cease work requirement) that the person discontinue, or not commence, a specified activity or specified part of an activity;
(b) a requirement that the person not undertake or continue a specified activity except at specified times or subject to specified conditions;
(c) a requirement that the person undertake a specified activity within a specified period or at specified times or in specified circumstances;
(d) a requirement that the person prepare, in accordance with specified requirements and to the satisfaction of the CEO, a plan to prevent, minimise, manage or remediate environmental harm;
a requirement that the person:
rehabilitate the environment; or
(ii) prepare, in accordance with specified requirements and to the satisfaction of the CEO, a plan to rehabilitate the environment;
(e) a requirement that the person comply with the plan mentioned in paragraph (d) or (da);
(f) a requirement that the person undertake specified tests or environmental monitoring;
(g) a requirement that the person submit to the CEO specified testing, monitoring or compliance reports;
(h) a requirement that the person appoint or engage a person in a specified class of qualified person to prepare a plan or report or undertake tests or monitoring required by the notice;
a requirement prescribed by regulation.
(2) An environment protection notice that includes a cease work requirement remains in force until it is revoked by the CEO under section 184.
(3) An application to NTCAT for review of an environment protection notice that imposes a requirement mentioned in subsection (1)(a), (b) or (c) or a requirement prescribed by regulation does not stay the operation of the notice.
This provision refers to the regulations (prescribed by regulation
). Made under this Act:
This Act’s bill:Explanatory statementSecond reading speech
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