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ENVIRONMENTAL PROTECTION ACT 1994 - SECT 332
Administering authority may require particular entities to apply for issue of program
332 Administering authority may require particular entities to apply for issue
of program
(1) The administering authority may require a person or public authority to
apply to the administering authority for the issue of a transitional
environmental program as a condition of an environmental authority.
(2) The
administering authority may also require a person or public authority to apply
to the administering authority for the issue of a transitional environmental
program if it is satisfied— (a) an activity carried out, or proposed to be
carried out, by the person or authority is causing, or may cause, unlawful
environmental harm; or
(b) it is not practicable for the person or public
authority to comply with an environmental protection policy or regulation on
its commencement; or
(c) that a condition of an environmental authority held
by the person or public authority is, or has been, contravened; or
(ca) that
a prescribed condition for carrying out a small scale mining activity is, or
has been, contravened by the person or public authority carrying out the
activity; or
(d) a development condition of a development approval is, or has
been, contravened and the person or public authority is— (i) an owner of the
land for which the approval is granted; or
(ii) another person in whom the
benefit of the approval vests; or
(e) an environmental protection order
issued to the person or public authority has been amended or withdrawn.
(3) A
requirement under subsection (1) or (2) must be made by written notice given
to the person or public authority.
(4) The notice must state— (a) the
grounds on which the requirement is made; and
(b) the matters to be addressed
by the program; and
(c) the period over which the program is to be carried
out; and
(d) the day (at least a reasonable period after the notice is given)
by which the person or public authority must apply to the administering
authority for the issue of the program; and
(e) the review or appeal details.
(5) A person of whom a requirement under subsection (1) or (2) has been made
must comply with the requirement unless the person has a reasonable excuse.
Penalty— Maximum penalty for subsection (5) —100 penalty units.
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