Environmental Protection Regulation 2019

This section applies to the occupier of a reporting facility if the Minister is satisfied the occupier has contravened any of the following (each a relevant provision)—

section 117(2) or (7);

section 480, 480A or 481 of the Act for giving information required to be given under section 117.

If the Minister is satisfied it is appropriate in the circumstances, the Minister may, in the Minister’s implementation report, name the occupier as a person who the Minister is satisfied has contravened a relevant provision.

In deciding whether it is appropriate in the circumstances to name the occupier in the implementation report, the Minister must have regard to the following matters—

any mitigating or aggravating circumstances;

whether the occupier has previously contravened a relevant provision and any action taken against the occupier for the contravention;

whether naming the occupier would be unreasonably harsh or oppressive.

Before naming the occupier in the report, the Minister must give the occupier a written notice stating the following—

that the Minister proposes naming the occupier in the implementation report as a person who the Minister is satisfied has failed to comply with a relevant provision;

the grounds for the proposed action;

that the occupier may make, within a stated period (the show cause period) written representations to show why the proposed action should not be taken.

The show cause period must be a period of at least 28 days after the notice is given to the occupier.

The Minister must consider the written representations, if any, made by the occupier during the show cause period.

If after considering the representations the Minister still considers it is appropriate to name the person in the report, the Minister may do so.

The Minister must give the occupier written notice of the decision stating the following—

that the Minister has decided to name the occupier in the implementation report as a person who the Minister is satisfied has failed to comply with a relevant provision, and the reasons for the decision;

the review or appeal details for the decision.

In this section—