Australian Capital Territory Numbered Acts

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ENVIRONMENT PROTECTION ACT 1997 (NO. 92 OF 1997) - SECT 110

Disposal

110. (1) Instead of releasing a thing pursuant to paragraph 109 (1) (c), the Authority may give written notice to—

        (a)     the owner of the thing; or

        (b)     the person who had possession, custody or control of the thing immediately before it was seized;

inviting the person to show why the thing should not be disposed of.

(2) Despite subsection (1), the Authority shall, at the same time as giving notice under that subsection, by notice in a daily newspaper, invite persons who have a legal or equitable interest in the thing to be disposed of to show why it should not be disposed of.

(3) A notice under subsection (1) or (2) shall specify—

        (a)     the grounds on which the Authority bases his or her belief that the disposal of the thing is necessary; and

        (b)     the period, not being less than 20 working days after the day on which the notice was given, after which the Authority may cause the thing to be disposed of under subsection (4).

(4) The Authority shall—

        (a)     after the period specified in a notice under subsection (1) or (2) has expired; and

        (b)     after taking into account any representations made in response to the notice;

cause the thing to be disposed of if satisfied that the disposal is necessary to prevent or minimise any environmental harm caused, or likely to be caused, by the thing.

(5) If the Authority is not satisfied that it is necessary to dispose of a thing, the Authority shall cause the thing to be released to its owner or the person who had possession, custody or control of the thing immediately before it was seized.

(6) Where a thing is disposed of pursuant to subsection (4), the Territory shall compensate the owner.

Division 5—Other powers



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