New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 101

101 Prohibition on activities

(1) Application of section This section applies if the EPA recommends to the Minister that a notice be given under this section because, in the EPA's opinion, the emission or discharge of pollutants from or within a premises, or class of premises, in which an activity is carried on--

(a) is causing or is likely to cause such harm to the environment, or

(b) is or is likely to be so injurious to public health, or

(c) is causing or is likely to cause such discomfort or inconvenience to any persons not associated with the management or operation of the activity,

that the giving of the notice is warranted.

(2) Notice The Minister may, by written notice, direct, for the period, if any, specified in the notice--

(a) the occupier of the premises, or occupiers of a class of premises, to cease carrying on the activity, or a specified aspect of the activity, at the premises or at premises of the class of premises, or

(b) direct the person, or persons of a class of persons, carrying on the activity to cease carrying on the activity, or a specified aspect of the activity, at any premises.

(3) Occupier's duty If the occupier who is given a notice is not the person carrying on the activity, the notice is taken to require the occupier to take all available steps to cause the activity to cease.

(4) Further notice The Minister may give further notices on the expiry of the period of the earlier notice if the EPA recommends in accordance with this section that the further notices be given.