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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 480E

Contents of a remediation determination

  (1)   A remediation determination must specify the following:

  (a)   the person (the specified person ) referred to in paragraph   480D(1)(a);

  (b)   the action (the specified action ) referred to in that paragraph;

  (c)   the civil penalty provision (the specified civil penalty provision ) of Part   3 referred to in that paragraph;

  (d)   the action (the remediation action ) that the person is required to take.

  (2)   A remediation determination may do all or any of the following in relation to some or all of the remediation action:

  (a)   require action to be taken in a specified place;

  (b)   require action to be taken at, or by, a specified time;

  (c)   require a specified industry standard or code of practice to be complied with in taking action;

  (d)   require the taking of reasonable steps to obtain any Commonwealth, State or Territory approval or authority needed to carry out action;

  (e)   require the preparation, and submission to the Minister for approval, of a plan for taking action, and require action to be taken in accordance with the plan as approved by the Minister;

  (f)   require the spending of a specified amount of money on the taking of action;

  (g)   require the payment to a specified person of a specified amount or money, for the purpose of activities directed towards the protection and conservation of the matter protected by the specified civil penalty provision;

  (h)   require the payment to the Commonwealth of a specified amount of money as security for the due taking of action;

  (i)   provide for monitoring, auditing, or reporting to the Minister, in relation to the taking of action.

  (3)   A remediation determination must contain a statement to the effect that the specified person may apply for a reconsideration of the determination under section   480J.


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