New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 94G

94G Recall notices may be given to directors and related bodies corporate

(1) This section applies if --

(a) a recall notice (the
"previous recall notice" ) has been issued by the EPA in relation to a supply chain participant that is a corporation, and

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

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

(a) a current director of the supply chain participant,

(b) a former director of the supply chain participant,

(c) a related body corporate.

(3) The supplementary recall 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 recall notice complies with the notice but was not the person who caused, or solely caused, the circumstances the subject of the recall notice, 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 supply chain participant that is a corporation extends to a person involved in the management of the corporation.