Decision whether to issue an order
369O Decision whether to issue an order
In deciding whether to issue an environmental enforcement order to a related person of a company under section 369P or 369Q, the administering authority—
must have regard to any relevant guidelines in force under section 548A; and
may consider whether the related person took all reasonable steps, having regard to the extent to which the person was in a position to influence the company’s conduct, to ensure the company—
complied with its obligations under this Act; and
made adequate provision to fund the rehabilitation and restoration of the land because of environmental harm from a relevant activity carried out by the company.
This Act’s bill:Explanatory memorandum
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