Australian Capital Territory Numbered Acts

ENVIRONMENT PROTECTION ACT 1997 (NO. 92 OF 1997) - SECT 84

84. (1) Where the Authority receives a draft emergency plan submitted in compliance with—

        (a)     a notice under subsection 82 (1); or

        (b)     a condition of an environmental authorisation;

the Authority shall, within 20 working days of that receipt, by notice in writing—

        (c)     approve the draft plan and require the person who submitted the plan to implement any preparation requirements included in the plan as approved; or

        (d)     reject the draft plan and require the person to—

              (i)     amend the draft plan in accordance with any requirements specified in the notice; and

              (ii)     resubmit the draft plan to the Authority.

(2) Where the Authority requires a person to resubmit a draft plan under paragraph (1) (d), the Authority shall, by notice in writing to the person within 10 working days of receipt of the resubmitted draft plan—

        (a)     approve the draft plan and require the person to implement any preparation requirements included in the plan as approved; or

        (b)     reject the draft plan.

(3) A person shall not fail to comply with—

        (a)     a notice under paragraph (1) (c) or (2) (a) requiring the person to implement the preparation requirements included in the plan approved under that paragraph; or

        (b)     a notice under paragraph (1) (d) requiring the person to amend the draft plan and resubmit it to the Authority.

Penalty for contravention of subsection (3):

        (a)     if the offender is a natural person—50 penalty units;

        (b)     if the offender is a body corporate—250 penalty units.

Division 4—Financial assurances