New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 253A

253A Enforcement of undertakings

(1) The EPA may accept a written undertaking given by a person for the purposes of this section in connection with a matter in relation to which the EPA has a function under this Act.

(1A) Without limiting subsection (1), an undertaking that the EPA may accept under that subsection includes an undertaking to carry out a restorative justice activity.

(2) The person may withdraw or vary the undertaking at any time, but only with the consent in writing of the EPA. The consent of the EPA is required even if the undertaking purports to authorise withdrawal or variation of the undertaking without that consent.

(3) The EPA may apply to the Land and Environment Court for an order under subsection (4) if the EPA considers that the person who gave the undertaking has breached any of its terms.

(4) The Court may make all or any of the following orders if it is satisfied that the person has breached a term of the undertaking--

(a) an order directing the person to comply with that term of the undertaking,

(b) an order directing the person to pay to the State an amount not exceeding the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach,

(c) any order that the Court thinks appropriate directing the person to compensate any other person who has suffered loss or damage as a result of the breach,

(d) an order suspending or revoking any environment protection licence held by the person,

(e) an order requiring the person to prevent, control, abate or mitigate any actual or likely harm to the environment caused by the breach,

(f) an order requiring the person to make good any actual or likely harm to the environment caused by the breach,

(g) any other order the Court considers appropriate.