AustLII Tasmanian Consolidated Acts

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ENVIRONMENTAL MANAGEMENT AND POLLUTION CONTROL ACT 1994 - SECT 39

When environmental improvement programme required

(1)  The Board may require a person to prepare and submit to it a draft environmental improvement programme if the Board is satisfied that –
(a) an activity carried out by the person, or that activity in combination with other factors, is causing, or may cause, serious or material environmental harm; or
(ab) it is not practicable for a person to comply with an environmental standards condition, an environmental standards offense provision, or a technical standard, with which the person is required to comply; or
(b) it is not practicable for a person to comply with a State Policy, a provision of this Act, the regulations or an environment protection policy.
(2)  A requirement under subsection (1) must be made by written notice given to the person.
(3)  The notice must specify –
(a) the grounds on which the requirement is made; and
(b) the matters to be addressed by the programme; and
(c) the period (not longer than 3 years) over which the programme is to be carried out; and
(d) the day (not less than a reasonable period after the notice is given) by which the programme is to be prepared and given to the Board.



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