Environment Protection Act 2019

(1) A relevant decision-maker may issue a compliance notice to a related person of a high risk entity in relation to non-compliance with a prescribed approval, or prescribed environmental duty in relation to a petroleum activity if:

(a) the high risk entity failed to comply with the prescribed approval or prescribed environmental duty in the preceding 3 years; and

(b) the relevant decision-maker is satisfied the high risk entity has a history of poor compliance or non-compliance with the prescribed approval or prescribed environmental duty, whether or not enforcement action has been taken against the high risk entity; and

(i) the site in relation to which the prescribed approval or prescribed environmental duty applies or applied is not being managed appropriately and there is a risk of material environmental harm or significant environmental harm; and

(ii) the high risk entity has not taken, or is not taking, all reasonable steps to comply with the prescribed approval or prescribed environmental duty; and

(i) for a high risk entity that is a body corporate – the high risk entity is in financial difficulty and is likely to become a Chapter 5 body corporate or an administered Aboriginal and Torres Strait Islander corporation; or

(ii) for a high risk entity that is an individual – the high risk entity is in financial difficulty and is likely to become bankrupt or apply to take the benefit of a law for the relief of bankrupt or insolvent debtors or to compound with creditors or make an assignment of remuneration for their benefit; or

(iii) there is a real possibility the Territory will bear the costs of the remediation and rehabilitation of the environment to address the environmental impacts of the petroleum activity.

(2) For subsection (1) it is immaterial whether a compliance notice was issued in the preceding 3 years to the high risk entity in relation to non-compliance with the prescribed approval or prescribed environmental duty.

(3) The period of 3 years mentioned in subsection (1)(a) or (2):

(a) refers to a period ending immediately before the issue of the compliance notice to the related person of the high risk entity; and

(b) may include a period before the relevant commencement if the relevant decision-maker was not aware of the non‑compliance with the prescribed approval or prescribed environmental duty by the high risk entity until on or after the relevant commencement.

(4) Nothing in this section prevents the relevant decision-maker from issuing a compliance notice to a high risk entity after issuing a compliance notice to a related person of the high risk entity.