New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 90E

90E Preliminary investigation notices may be given to directors and related bodies corporate

(1) This section applies if --

(a) a preliminary investigation notice (the
"previous preliminary investigation notice" ) has been given to a corporation by the EPA, and

(b) the corporation has not complied with the previous preliminary investigation notice within the period specified in the notice.

(2) The EPA may, by written notice (the
"supplementary preliminary investigation notice" ), direct 1 or more of the following to carry out, or ensure the carrying out of, the action specified in the preliminary investigation notice within the period specified in the notice--

(a) a current director of the corporation,

(b) a former director of the corporation,

(c) a related body corporate.

(3) The supplementary preliminary investigation notice may also require the person to whom the notice is given to provide reports to the EPA about progress on the carrying out of the action specified in the notice.

(4) If the person given a supplementary preliminary investigation notice complies with the notice but was not the person who caused, or solely caused, the relevant circumstances, the cost, or part of the cost, of complying with the notice may be recovered by the person who complied with the notice as a debt in a court of competent jurisdiction from another person who caused or contributed to the relevant circumstances.

(5) A reference in subsection (2) to a director of a corporation extends to a person involved in the management of the affairs of the corporation.