Environment Protection Act 1993

If the requirements of an environment protection order are not complied with, the Authority or, if the order was issued by another administering agency, that administering agency may take any action required by the order.

Any action to be taken by the Authority or another administering agency under subsection (1) may be taken by an authorised officer acting on behalf of the Authority or other administering agency or by other persons authorised by the Authority or other administering agency for the purpose.

Where a person other than an authorised officer is authorised to take action under subsection (1), the following provisions apply:

the Authority or other administering agency must issue the person with an instrument of authority;

the person may exercise such powers of an authorised officer as are reasonably required for the purpose of taking action under that subsection;

the provisions of this Act apply in relation to the exercise of such powers by the person in the same way as in relation to an authorised officer;

the person must produce the instrument of authority for the inspection of any person in relation to whom the person intends to exercise powers of an authorised officer.

The reasonable costs and expenses incurred by the Authority or another administering agency in taking action under this section may be recovered by the Authority or other administering agency (as the case may be) as a debt from the person who failed to comply with the requirements of the environment protection order.

Subject to subsection (4b), where—

an environment protection order has been registered in relation to land under section 94; or

the registration of an environment protection order in relation to land has been cancelled under that section, the Authority or, if the order was registered on the application of another administering agency, that administering agency may recover, as a debt from the person to whom the order was issued, an amount prescribed by regulation in respect of the registration or cancellation (as the case may be).

No amount is recoverable by the Authority or another administering agency under subsection (4a) in relation to an environment protection order that has been revoked.

Where an amount is recoverable from a person by the Authority or another administering agency under this section—

the Authority or other administering agency may, by notice in writing to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person, and, if the amount is not paid by the person within that period, the person is liable to pay interest charged at the prescribed rate per annum on the amount unpaid;

the amount together with any interest charge so payable is until paid a charge in favour of the Authority or other administering agency on any land owned by the person in relation to which the environment protection order is registered under this Division.

A charge imposed on land by this section has priority over—

any prior charge on the land (whether or not registered) that operates in favour of a person who is an associate of the owner of the land;

any other charge on the land other than a charge registered prior to registration of the environment protection order in relation to the land.