Environment Protection Act 1993

The Authority may issue an environment protection order for the purpose of—

preventing or minimising environmental harm; or

dealing with stockpiled or abandoned waste or other matter, that may result from a prescribed activity of environmental significance after the activity has ceased.

The regulations may—

limit the circumstances in which an environment protection order may be issued under this section; or

prescribe circumstances in which an environment protection order issued under this section will be taken to have been revoked.

An environment protection order issued for a purpose described in subsection (1)—

must be in the form of a written notice served on the owner for the time being of the land on which the activity was undertaken (whether or not the owner was the person who had undertaken the activity);

must—

specify the person to whom it is issued (whether by name or a description sufficient to identify the person);

state the purpose for which it is issued and specify the environmental harm that it is directed towards preventing or minimising or the waste or other matter that it is directed towards dealing with (as the case may be);

may impose any requirement of a kind that could be imposed as a condition of an environmental authorisation or that is reasonably required for the purpose for which the order is issued (including a requirement of a kind that could be imposed in an order issued under section 93);

must state that the person may, within 14 days, appeal to the

The Authority may, by written notice served on a person to whom an environment protection order has been issued in accordance with this section, vary or revoke the order.

A person to whom an environment protection order is issued in accordance with this section must comply with the order. Maximum penalty:

in the case of a body corporate—$120 000;

in the case of a natural person—$60 000.

It is not an excuse for a person to refuse or fail to provide information in response to a requirement imposed by an environment protection order issued in accordance with this section on the ground that to do so might tend to incriminate the person or make the person liable to a penalty.

If compliance by a prescribed person with a requirement to provide information imposed by an environment protection order issued in accordance with this section might tend to incriminate the person or make the person liable to a penalty, then the information provided in compliance with the requirement is not admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty (other than proceedings in respect of the making of a false or misleading statement).

A person must not hinder or obstruct a person complying with an environment protection order issued in accordance with this section. Maximum penalty: $4 000.

This section is in addition to and does not limit the effect of section 93.

This section only applies in relation to a prescribed activity of environmental significance that ceases after the commencement of this section.