Environment Protection Act 2017

The Authority may by notice in writing direct a person to comply, subject to any modification specified by the Authority, with a specified environmental action notice or site management order issued to a body corporate if—

the body corporate—

is being or has been wound up within the 2-year period before the direction is made; or

has failed to comply with the environmental action notice or site management order; and

the Authority is satisfied that—

the person was an officer of the body corporate at the time the environmental action notice or site management order was issued; and

the person knew or ought reasonably to have known of the circumstances that resulted in the issuing of the environmental action notice or site management order; and

the person was in a position to influence the body corporate in relation to its compliance with the environmental action notice or site management order; and

in the case of a failure to comply with an environmental notice or site management order, the person failed to exercise due diligence to ensure that the body corporate complied with the environmental action notice or site management order; and

it would not be oppressive, unjust or unreasonable for the Authority to give the direction.

If the Authority gives a direction under subsection (1) to a person, the person must comply with the environmental action notice or site management order, subject to any specified modification.