Meaning of enforcement ground
359 Meaning of enforcement ground
Each of the following is a ground (an enforcement ground) on which to issue an environmental enforcement order to a person—
the person has not complied with a requirement to conduct or commission an environmental evaluation and give or submit a report about the evaluation to the administering authority;
the person has not complied with a requirement to apply for the issue of a transitional environmental program;
it is necessary to issue an environmental enforcement order to secure the person’s compliance with the general environmental duty;
it is necessary to issue an environmental enforcement order to secure the person’s compliance with the duty to restore the environment;
it is necessary to issue an environmental enforcement order to secure the person’s compliance with—
an environmental protection policy; or
a condition of an environmental authority; or
a development condition of a development approval; or
a prescribed condition for carrying out a small scale mining activity; or
a condition of a site management plan for relevant land; or
a PRCP schedule; or
an audit notice; or
a surrender notice for an environmental authority; or
a surrender rehabilitation direction; or
a general rehabilitation direction; or
a regulation; or
an agricultural ERA standard; or
a transitional environmental program; or
a condition of a temporary emissions licence;
the person is contravening any of the following provisions, or has contravened any of the following provisions in circumstances that make it likely the contravention will continue or be repeated—
section 426;
section 431A;
section 440;
section 440Q;
section 440ZG;
a provision of chapter 8, part 3E or 3F.
This provision refers to the regulations (a regulation
). Made under this Act:
- Environmental Protection (Air) Policy 2019 · Regulation
- Environmental Protection (Noise) Policy 2019 · Regulation
- Environmental Protection (Water and Wetland Biodiversity) Policy 2019 · Regulation
1 more instrument made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory memorandum
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