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ENVIRONMENTAL PROTECTION ACT 1994 - SECT 458
Order to enter land to conduct investigation or conduct work
458 Order to enter land to conduct investigation or conduct work
(1) An authorised person may apply to a magistrate for an order to enter
land— (a) to carry out work on the land to— (i) prevent or minimise
environmental harm or rehabilitate or restore the land because of an activity
carried out under an environmental authority, PRCP schedule, transitional
environmental program or site management plan; or
(ii) remediate land managed
under a site management plan; or
(iii) secure compliance with— (A) an
agricultural ERA standard, environmental authority, PRCP schedule,
transitional environmental program, site management plan or any conditions of
the authority, schedule, program or plan; or
(B) development conditions of a
development approval; or
(C) a prescribed condition for carrying out a small
scale mining activity; or
(b) if the land is land to which an environmental
enforcement order issued under section 362(2)(a) applies and the recipient of
the order has failed to comply with the order—to take the action required
under the order; or
(c) if the land is contaminated land—to conduct a site
investigation of the land; or
(d) for land particulars of which are recorded
in the contaminated land register—to conduct work to remediate the land.
(2) The administering authority must give written notice of the application
to— (a) the owner of the land; and
(b) if the owner is not the occupier of
the land—the occupier; and
(c) if the application is for an order to carry
out work mentioned in subsection (1) (a) — (i) the environmental authority
holder; or
(ii) the holder of the PRCP schedule; or
(iii) the holder of the
transitional environmental program; and
(d) if the application is for an
order to take the action required under an environmental enforcement order
issued under section 362(2)(a)—the recipient of the order.
(3) The
application for the order must be sworn and state the grounds on which it is
made.
(4) The magistrate may refuse to consider the application until the
person gives the magistrate all information the magistrate requires about the
application in the way the magistrate requires. Example— The magistrate may
require additional information supporting the application to be given by
statutory declaration.
(5) The magistrate may make an order under this
section only if the magistrate is satisfied— (a) for an order to carry out
work mentioned in subsection (1) (a) , the entry sought is reasonable and
necessary to carry out the work; or
(b) for an order to take the action
required under an environmental enforcement order issued under
section 362(2)(a), the entry sought is reasonable and necessary to take the
action; or
(c) for an order to enter the land and carry out a site
investigation— (i) the land is listed in the environmental management
register because it is contaminated land; and
(ii) the hazardous contaminant
contaminating the land is in a concentration that has the potential to cause
serious environmental harm; and
(iii) a person, animal or another part of the
environment may be exposed to the hazardous contaminant; and
(iv) the entry
sought is reasonable and necessary to conduct a site investigation of the
land; or
(d) for an order to enter and conduct work to remediate the
land—the magistrate is satisfied the land is contaminated and the entry
sought is reasonable and necessary to conduct work to remediate the land.
(6)
The order must state— (a) that an authorised person may, with necessary and
reasonable help and force, enter the land and conduct the action,
investigation or work to remediate the land; and
(b) the hours of the day
when the entry may be made; and
(c) the day when the order ends.
(7) The
magistrate must record the reasons for making the order.
(8) In this
section—
"land" includes a place to which an environmental enforcement order issued
under section 362(2)(a) applies.
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