New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 96A

96A Prevention notices may be given to directors and related bodies corporate

(1) This section applies if --

(a) the appropriate regulatory authority has given a prevention notice under section 96 (the
"previous prevention notice" ) to a corporation in relation to an activity, and

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

(2) The appropriate regulatory authority may, by written notice (the
"supplementary prevention notice" ), direct 1 or more of the following to take the action specified in the notice within the period, if any, specified in the notice to ensure that the activity is carried on in future in an environmentally satisfactory manner--

(a) a current director of the corporation,

(b) a former director of the corporation,

(c) a related body corporate.

(3) Without limiting subsection (2), the action to be taken may include any of the actions specified in section 96(3).

(4) When determining the action to be specified in the supplementary prevention notice, the appropriate regulatory authority must consider the matters specified in section 96(3A).

(5) The supplementary prevention 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.

(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.