Queensland Consolidated Acts

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 363H

363H Administering authority may issue clean-up notice

(1) The administering authority may issue a written notice (a
"clean-up notice" ) to a person whom the administering authority reasonably believes to be a prescribed person for a contamination incident, requiring the person to take stated action to do all or any of the following—

(a) prevent or minimise contamination;

Example—

action to contain, remove, disperse or destroy the contaminants

(b) rehabilitate or restore the environment because of the incident, including by taking steps to mitigate or remedy the effects of the incident;

(c) assess the nature and extent of the environmental harm, or the risk of further environmental harm, from the incident, including by inspecting, sampling, recording, measuring, calculating, testing or analysing;

(d) keep the administering authority informed about the incident or the actions taken under the notice, including by giving to the administering authority stated reports, plans, drawings or other documents.

(2) The clean-up notice must state the following matters—

(a) the name of the recipient;

(b) a description of the contamination incident;

(c) the place at or from which the administering authority is satisfied the incident is happening or has happened;

(d) the actions the recipient must take;

(e) for each action, the time by which it must be taken;

(f) that it is an offence for the recipient not to comply with the notice unless the recipient has a reasonable excuse;

(g) the maximum penalty for the offence;

(h) that, if the recipient does not comply with the notice, an authorised person may take any of the actions stated in the notice and the administering authority may recover from the recipient the costs incurred in taking the actions;

(i) the name, address and contact details of the administering authority;

(j) the review or appeal details.

(3) The time under subsection (2) (e) must be reasonable in all the circumstances, having regard to the actions the recipient must take and the risk of harm or further harm from the incident.

(4) The notice may include any other information the administering authority considers appropriate.

Example—

The notice may state how the administering authority proposes to monitor compliance with the notice, including by exercising powers under chapter 9 .

(5) If the notice is issued to 2 or more recipients, a copy must be given to each recipient.

(6) To the extent that the recipient complies with the notice but did not cause or permit the contamination incident to happen, the recipient may recover as a debt, from another person who caused or permitted the contamination incident to happen, the amount of loss or expense incurred by the recipient in complying with the notice.

(7) A reference in this section to taking actions includes achieving outcomes.

Example—

A clean-up notice may state, as an action that must be taken, that the recipient must ensure contaminated water does not reach the aquifer.