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ENVIRONMENTAL PROTECTION ACT 1994 - SECT 368
Time for taking action must be reasonable
368 Time for taking action must be reasonable
(1) This section applies in relation to the requirement under
section 366(1)(f) for an environmental enforcement order to state a time for
taking a stated action.
(2) The time stated in the environmental enforcement
order must be reasonable having regard to— (a) the nature of the action that
must be taken; and
(b) the risk to human health or the environment, or risk
of loss or damage to property, posed by the relevant matter; and
(c) how long
the person has been aware of the relevant matter, for example, because an
authorised person has previously made an oral requirement that the relevant
matter be remedied or otherwise addressed.
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