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s 112

Obligations where land to which certain instruments relate is to be sold, leased, &c.

In force
Part 12Miscellaneous
Division 3Instruments, &c.

112 Obligations where land to which certain instruments relate is to be sold, leased, &c.

(1)

In this section, relevant instrument means:

(a) a compliance plan, environmental audit program or a pollution abatement notice;

(b)

a prescribed instrument.

(2)

A person to whom a relevant instrument relates must, before:

(a) selling, leasing or sub-leasing land, premises, or a vehicle, to which the relevant instrument relates to another person; or

(b) permitting another person to occupy the land to which the relevant instrument relates by way of a gift or in exchange for a benefit,

notify in writing:

(c)

the other person of the relevant instrument; and

(d) the NT EPA of his or her intention to sell, lease or sub-lease the land, premises or vehicle, or to permit another person to occupy the land.

Penalty: environmental offence level 4.

(3)

A person notified in accordance with subsection (2) who:

(a) buys, leases or sub-leases the land, premises or vehicle to which the notice relates; or

(b) occupies, whether by way of a gift or in exchange for a benefit, the land to which the notice relates,

must, within 14 days after the purchase, lease, sublease or occupation, notify the NT EPA accordingly.

Penalty: environmental offence level 4.

(4)

A person to whom a relevant instrument relates must, before:

(a) selling, leasing, sub-leasing or giving by gift to another person a business in relation to which is carried out part or all of the activity to which the relevant instrument relates; or

(b) exchanging with another person a business in relation to which is carried out part or all of the activity to which the relevant instrument relates in return for a business carried out by that other person,

notify in writing:

(c)

the other person of the relevant instrument; and

(d) the NT EPA of his or her intention to sell, lease, sub-lease or exchange the business.

Penalty: environmental offence level 4.

(5)

A person notified in accordance with subsection (4) who:

(a) buys, leases or sub-leases or accepts as a gift the business to which the notice relates; or

(b) exchanges his or her business for the business to which the notice relates,

must, within 14 days after the purchase, lease, sub-lease, acceptance or exchange, notify the NT EPA accordingly.

Penalty: environmental offence level 4.

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