After section 93 insert:
93A—Environment protection orders relating to cessation of activity
(1) The Authority may
issue an environment protection order for the purpose of preventing or
minimising environmental harm that may result from a prescribed activity of
environmental significance after the activity has ceased.
(2) The regulations
may—
(a)
limit the circumstances in which an environment protection order may be issued
under this section; or
(b)
prescribe circumstances in which an environment protection order issued under
this section will be taken to have been revoked.
(3) An environment
protection order issued for a purpose described in subsection (1)—
(a) must
be in the form of a written notice served on the owner for the time being of
the land on which the activity was undertaken (whether or not the owner was
the person who had undertaken the activity);
(b)
must—
(i)
specify the person to whom it is issued (whether by name
or a description sufficient to identify the person);
(ii)
state the purpose for which it is issued and specify the
environmental harm that it is directed towards preventing or minimising;
(c) may
impose any requirement of a kind that could be imposed as a condition of an
environmental authorisation or that is reasonably required for the purpose for
which the order is issued (including a requirement of a kind that could be
imposed in an order issued under section 93);
(d) must
state that the person may, within 14 days, appeal to the Environment,
Resources and Development Court against the order.
(4) The Authority may,
by written notice served on a person to whom an environment protection order
has been issued in accordance with this section, vary or revoke the order.
(5) A person to whom
an environment protection order is issued in accordance with this section must
comply with the order.
Penalty: If the offender is a body corporate—$120 000.
If the offender is a natural person—Division 1 fine.
(6) It is not an
excuse for a person to refuse or fail to provide information in response to a
requirement imposed by an environment protection order issued in accordance
with this section on the ground that to do so might tend to incriminate the
person or make the person liable to a penalty.
(7) If compliance by a
prescribed person with a requirement to provide information imposed by an
environment protection order issued in accordance with this section might tend
to incriminate the person or make the person liable to a penalty, then the
information provided in compliance with the requirement is not admissible in
evidence against the person in proceedings for an offence or for the
imposition of a penalty (other than proceedings in respect of the making of a
false or misleading statement).
(8) A person must not
hinder or obstruct a person complying with an environment protection order
issued in accordance with this section.
Penalty: Division 6 fine.
(9) This section is in
addition to and does not limit the effect of section 93.
(10) This section only
applies in relation to a prescribed activity of environmental significance
that ceases after the commencement of this section.