Queensland Consolidated Acts

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 363B

363B Authorised person may issue a direction notice

(1) This section applies if an authorised person is satisfied on reasonable grounds that—

(a) a person—

(i) is contravening a prescribed provision; or

(ii) has contravened a prescribed provision in circumstances that make it likely the contravention will continue or be repeated; and

(b) a matter relating to the contravention can be remedied; and

(c) it is appropriate to give the person an opportunity to remedy the matter.

(2) The authorised person may issue a written notice (a
"direction notice" ) to the person requiring the person to remedy the matter relating to the contravention.

(3) If, for any reason, it is not practicable to make a requirement to remedy the matter relating to the contravention by written notice, the requirement may be made orally and confirmed by a direction notice as soon as practicable.

Note—

Whether an oral requirement is made before issuing a direction notice is relevant to the time by which the person may be required to remedy the matter relating to the contravention. See section 363D (2) (c) .

(4) A reference in this section to remedying a matter relating to a contravention of a prescribed provision includes a reference to cleaning up, fixing or rectifying environmental harm caused by the contravention.