Environmental Protection Act 1994

The administering authority may require a person or public authority to apply to the administering authority for the issue of a transitional environmental program as a condition of an environmental authority.

The administering authority may also require a person or public authority to apply to the administering authority for the issue of a transitional environmental program if it is satisfied—

an activity carried out, or proposed to be carried out, by the person or authority is causing, or may cause, unlawful environmental harm; or

it is not practicable for the person or public authority to comply with an environmental protection policy or regulation on its commencement; or

that a condition of an environmental authority held by the person or public authority is, or has been, contravened; or

that a prescribed condition for carrying out a small scale mining activity is, or has been, contravened by the person or public authority carrying out the activity; or

a development condition of a development approval is, or has been, contravened and the person or public authority is—

an owner of the land for which the approval is granted; or

another person in whom the benefit of the approval vests; or

an environmental enforcement order issued to the person or public authority under section 362(1) has been amended or withdrawn.

A requirement under subsection (1) or (2) must be made by written notice given to the person or public authority.

The notice must state—

the grounds on which the requirement is made; and

the matters to be addressed by the program; and

the period over which the program is to be carried out; and

the day (at least a reasonable period after the notice is given) by which the person or public authority must apply to the administering authority for the issue of the program; and

the review or appeal details.

A person of whom a requirement under subsection (1) or (2) has been made must comply with the requirement unless the person has a reasonable excuse.Maximum penalty for subsection (5)—100 penalty units.