New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 91A

91A Clean-up notices may be given to directors and related bodies corporate

(1) This section applies if --

(a) a clean-up notice (the
"previous clean-up notice" ) has been given to a corporation--

(i) by the appropriate regulatory authority under section 91(1), or

(ii) by the EPA under section 91(2), and

(b) the corporation has not complied with the previous clean-up notice within the period specified in the notice.

(2) The appropriate regulatory authority may, by written notice (the
"supplementary clean-up notice" ), direct 1 or more of the following to carry out, or ensure the carrying out of, the clean-up action specified in the 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 clean-up notice may require the person to whom the notice is given to provide reports to the appropriate regulatory authority about progress on the carrying out of the clean-up action.

(4) If the EPA considers it necessary for the purposes of responding to an emergency, the EPA may give a supplementary clean-up notice under this section regardless of whether the EPA is the appropriate regulatory authority in relation to the pollution incident.

(5) If the person given a supplementary clean-up notice complies with the notice but was not the person who caused, or solely caused, the pollution incident, 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 pollution incident.

(6) 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.