49—Amendment of section 95—Action on non-compliance with
environment protection order
(1) Section
95(1)—after "Authority" insert:
or, if the order was issued by another administering agency, that
administering agency
(2) Section
95(2)—delete subsection (2) and substitute:
(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) Section
95(3)(a)—after "Authority" insert:
or other administering agency
(4) Section
95(4)—after "Authority" first occurring insert:
or another administering agency
(5) Section
95(4)—after "Authority" second occurring insert:
or other administering agency (as the case may be)
(6) Section
95—after subsection (4) insert:
(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been revoked.
(7) Section
95(5)—after "Authority" first occurring insert:
or another administering agency
(8) Section 95(5)(a)
and (b)—after "Authority" wherever occurring insert:
or other administering agency