Australian Capital Territory Current Acts

ENVIRONMENT PROTECTION ACT 1997 - SECT 82

    (1)     The authority may, by written notice require a person conducting, or proposing to conduct, an activity to prepare and submit for approval to the authority a draft emergency plan in relation to the activity, if the authority has reasonable grounds for believing that 1 or more specified environmental emergencies may occur during the conduct of that activity.

    (2)     A notice under subsection (1)—

        (a)     must specify the grounds on which the draft emergency plan is required; and

        (b)     must outline the facts and circumstances forming the basis for the grounds; and

        (c)     must specify the environmental emergencies that must be addressed in the draft plan; and

        (d)     may specify that certain preparation requirements be included in the draft plan; and

        (e)     may require that the draft plan be prepared on the person's behalf by a person who holds specified qualifications; and

        (f)     may require that specified inquiries be undertaken by that person before preparing the draft plan; and

        (g)     must specify a date (not earlier than 20 working days after the date of the notice) on or before which the person must submit the draft plan to the authority; and

        (h)     must specify—

              (i)     the fee that must be paid when the draft plan is submitted; or

              (ii)     the rate at which, or the formula or other method by which, that fee is to be calculated.

    (3)     A person must not fail to comply with a notice under subsection (1).

Maximum penalty (subsection (3)): 50 penalty units.