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ENVIRONMENT PROTECTION (MISCELLANEOUS) AMENDMENT ACT 2005 (NO 21 OF 2005) - SECT 49

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Authority or another administering agency under subsection (4a) in relation to an environment protection order that has been revoked.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



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