Environment Protection Act 1993

Where the Authority or another administering agency is satisfied that a person has caused environmental harm by a contravention of this Act or a repealed environment law, the Authority or other administering agency may issue a clean-up order to the person requiring the person to take specified action within a specified period to make good any resulting environmental damage.

A clean-up order—

must be in the form of a written notice served on the person to whom it is issued;

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

must specify the contravention alleged to have caused the environmental harm;

may include requirements for—

preparing, in accordance with specified requirements and to the satisfaction of the Authority or other administering agency, a plan of action in relation to the environmental harm; and

complying with such a plan of action to the satisfaction of the

may include requirements for action to be taken to prevent or mitigate further environmental harm;

may include requirements for specified testing or environmental monitoring;

may include requirements for furnishing to the Authority or other administering agency specified test, monitoring or compliance reports;

may include requirements that the person to whom it is issued appoint or engage a person with specified qualifications to prepare a plan or report or undertake tests or monitoring required by the order;

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

Where a proposed clean-up order (except an emergency clean-up order) or a proposed variation of a clean-up order would require the undertaking of an activity for which a permit would, but for section 106 of the Landscape South Australia

The period of the notice referred to in subsection (2a) must be—

in the case of an order to confirm an emergency clean-up order—at least 24 hours;

in all other cases—at least 14 days.

Where an authorised officer is satisfied that a person has caused environmental harm by a contravention of this Act or a repealed environment law and is of the opinion that urgent action is required, the authorised officer may issue an emergency clean-up order containing requirements of a kind referred to in the preceding provisions of this section.

An emergency clean-up order may be issued orally, but, in that event, the person to whom it is issued must be advised forthwith of the person's right to appeal to the Environment, Resources and Development Court against the order.

Where an emergency clean-up order is issued to a person, the order will cease to have effect on the expiration of 72 hours from the time of its issuing unless confirmed by a written clean-up order issued by the Authority or another administering agency and served on the person.

The Authority, another administering agency or an authorised officer may, if of the opinion that it is reasonably necessary to do so in the circumstances, include in an emergency or other clean-up order a requirement for an act or omission that might otherwise constitute a contravention of this

Where a clean-up order has been issued to a person by the Authority or another administering agency, the Authority or other administering agency (as the case may be) may, by written notice served on the person, vary or revoke the order.

A person to whom a clean-up order is issued 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 a clean-up order 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 a clean-up order might tend to incriminate the person or make the person liable to a penalty, then the information given 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).