New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 253B

253B Prohibition orders

(1) This section applies if the EPA considers a person (the
"relevant person" )--

(a) is likely to engage again, or continue to engage, in unlawful conduct, or

(b) is not a fit and proper person to hold, or continue to hold, an environment protection licence.

(2) The EPA may apply to the Land and Environment Court for an order under this section.

(3) The relevant person cannot apply for an environment protection licence during the period--

(a) starting when the application is made to the Land and Environment Court, and

(b) ending when the Court makes a decision about whether or not to make an order under this section.

(4) The Land and Environment Court may make--

(a) an order prohibiting the relevant person from either of the following for an indefinite period or a period specified in the order--

(i) being involved in scheduled activities,

(ii) applying for or holding a licence, or

(b) another order the Court considers appropriate.

(5) An order under this section cannot be sought in relation to a public utility that provides an essential service.

(6) In this section--

"public utility that provides an essential service" means the following--

(a) the Crown,

(b) the Sydney Water Corporation constituted by the Sydney Water Act 1994 ,

(c) the Hunter Water Corporation constituted by the Hunter Water Act 1991 ,

(d) a local authority,

(e) another person or body prescribed by the regulations.