CEO may accept enforceable undertaking
215 CEO may accept enforceable undertaking
(1) The CEO may accept an enforceable undertaking made by a proponent of an action, an approval holder or a mining operator:
(a) to carry out specified remediation or rehabilitation work to rectify environmental harm resulting from an action taken by the proponent, the approval holder or the mining operator that is allegedly in contravention of this Act or an environmental approval or an environmental (mining) licence; or
to do any other specified act or thing approved by the CEO.
(1A) The CEO may accept an enforceable undertaking made by a related person of a high risk entity to do any specified act or thing approved by the CEO if an environment protection notice was issued to the related person in accordance with Part 9, Division 2A.
(2) An enforceable undertaking must be in writing and signed by the CEO and the specified person.
(3) An enforceable undertaking may require the specified person to publish notice of the alleged contravention or non‑compliance and any act or thing done by the specified person.
(4) Without limiting subsection (1), the CEO may accept an enforceable undertaking when any criminal or civil proceedings under this Act are completed (including any appeal).
This Act’s bill:Explanatory statementSecond reading speech
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