95—Action on non-compliance with environment protection order
(1) If the
requirements of an environment protection order are not complied with, the
Authority or, if the order was issued by another administering agency, that
administering agency may take any action required by the order.
(2) Any action to be
taken by the Authority or another administering agency under
subsection (1) may be taken by an authorised officer acting on behalf of
the Authority or other administering agency or by other persons authorised by
the Authority or other administering agency for the purpose.
(3) Where a person
other than an authorised officer is authorised to take action under
subsection (1), the following provisions apply:
(a)
the Authority or other administering agency must issue the person with an
instrument of authority;
(b) the
person may exercise such powers of an authorised officer as are reasonably
required for the purpose of taking action under that subsection;
(c) the
provisions of this Act apply in relation to the exercise of such powers by the
person in the same way as in relation to an authorised officer;
(d) the
person must produce the instrument of authority for the inspection of any
person in relation to whom the person intends to exercise powers of an
authorised officer.
(4) The reasonable
costs and expenses incurred by the Authority or another administering agency
in taking action under this section may be recovered by the Authority or other
administering agency (as the case may be) as a debt from the person who failed
to comply with the requirements of the environment protection order.
(4a) Subject to
subsection (4b), where—
(a) an
environment protection order has been registered in relation to land under
section 94; or
(b) the
registration of an environment protection order in relation to land has been
cancelled under that section,
the Authority or, if the order was registered on the application of another
administering agency, that administering agency may recover, as a debt from
the person to whom the order was issued, an amount prescribed by regulation in
respect of the registration or cancellation (as the case may be).
(4b) No amount is
recoverable by the Authority or another administering agency under
subsection (4a) in relation to an environment protection order that has
been revoked.
(5) Where an amount is
recoverable from a person by the Authority or another administering agency
under this section—
(a)
the Authority or other administering agency may, by notice in writing to the
person, fix a period, being not less than 28 days from the date of the notice,
within which the amount must be paid by the person, and, if the amount is not
paid by the person within that period, the person is liable to pay interest
charged at the prescribed rate per annum on the amount unpaid; and
(b) the
amount together with any interest charge so payable is until paid a charge in
favour of the Authority or other administering agency on any land owned by the
person in relation to which the environment protection order is registered
under this Division.
(6) A charge imposed
on land by this section has priority over—
(a) any
prior charge on the land (whether or not registered) that operates in favour
of a person who is an associate of the owner of the land; and
(b) any
other charge on the land other than a charge registered prior to registration
of the environment protection order in relation to the land.