New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 307A

307A Ongoing maintenance--restrictions and covenants

(1) This section applies to land on which is located premises to which--

(a) a licence or suspended licence applies, or

(b) a revoked or surrendered licence applied where--

(i) the revocation or surrender was subject to conditions, and

(ii) the conditions have not been satisfied or revoked.

(2) The EPA may, under the Conveyancing Act 1919 , section 88E--

(a) impose restrictions on the use of, or impose public positive covenants on the land for the purpose of enforcing a condition of--

(i) the licence, or

(ii) the suspension, revocation or surrender of the licence, and

(b) release or vary a restriction or covenant imposed under this section.

(3) A restriction or covenant imposed under this section may require the owner of the land to do 1 or more of the following in relation to the land--

(a) to inform the EPA of a change in the ownership or occupancy of the land, to the extent that the person is aware of the change,

(b) to not carry out, and to not allow other persons to carry out, specified activities on the land,

(c) to not use, and to not allow other persons to use, the land for specified purposes,

(d) to otherwise do, or not do, a thing that may be required to be done, or that must not be done, under a condition of--

(i) the licence, or

(ii) the suspension, revocation or surrender of the licence.

(4) Despite the Conveyancing Act 1919 , section 88E--

(a) the memorandum or deed by which the restriction or covenant referred to in subsection (2) is imposed, released or varied--

(i) must be executed by the EPA and does not need to be executed by any other person, and

(ii) does not require the agreement of any other person, and

(b) where a restriction or covenant imposed under this section takes effect, the EPA may enforce the restriction or covenant against any of the following--

(i) an owner of the land,

(ii) a lessee of the land,

(iii) a mortgagee of the land.

(5) The EPA may impose, vary or remove a restriction or covenant under this section whether or not the EPA is the appropriate regulatory authority.