(1)  Where the Director is satisfied that in relation to an environmentally relevant activity –

(a) serious or material environmental harm or environmental nuisance is being, or is likely to be, caused; or

(b) serious or material environmental harm or environmental nuisance has occurred and remediation of that harm or nuisance is required; or

(c) it is necessary to do so in order to give effect to a State Policy, an environment protection policy, environmental standards or a technical standard; or

(d) it is desirable to vary the conditions or restrictions of a permit or major project permit; or

(e) it is necessary to secure compliance with the general environmental duty –

the Director may cause an environment protection notice to be issued and served on the person who is or was responsible for the environmentally relevant activity.

(1A)  The Board may, for the purposes of section 27(6)(a) , cause an environment protection notice to be issued and served on a person who is responsible for an environmentally relevant activity that is a level 2 activity, if the Board is satisfied that it is desirable to issue an environment protection notice under this subsection, in order to –

(a) effectively manage, reduce or mitigate any environmental harm that the activity may cause; or

(b) regulate the conduct of the activity, so as to assist in the effective management, reduction or mitigation of any environmental harm that the activity may cause.

(1B)  The Director may cause an environment protection notice to be issued and served on a person who is responsible for an environmentally relevant activity that is a level 2 activity, if the activity is not an EL activity and the Director –

(a) is of the opinion that –

(i) immediately before the activity was specified in or under this Act to be a level 2 activity, the activity was a level 1 activity and the person was lawfully conducting the activity in accordance with this Act; and

(ii) there is a permit in force in relation to the activity; and

(iii) it is desirable to vary the conditions or restrictions of the permit; or

(b) is of the opinion that –

(i) immediately before the activity was specified in or under this Act to be a level 2 activity, the activity was not a level 1 or level 3 activity and the person is lawfully conducting the activity in accordance with this Act; and

(ii) it is desirable to issue an environment protection notice under this subsection in order to effectively manage, reduce or mitigate any environmental harm that the activity may cause or to regulate the conduct of the activity so as to assist in the effective management, reduction or mitigation of any environmental harm that the activity may cause.

(2)  Where a council officer is satisfied that in relation to an environmentally relevant activity other than a level 2 or level 3 activity –

(a) serious or material environmental harm or environmental nuisance is being, or is likely to be, caused; or

(b) serious or material environmental harm or environmental nuisance has occurred and remediation of that harm or nuisance is required; or

(c) it is necessary to do so in order to give effect to a State Policy, an environment protection policy, environmental standards or a technical standard; or

(d) it is desirable to vary the conditions or restrictions of a permit or major project permit; or

(e) it is necessary to secure compliance with the general environmental duty –

the council officer may issue and serve an environment protection notice on the person who is or was responsible for the environmentally relevant activity.

(3)  An environment protection notice –

(a) is to specify the person to whom it is issued (whether by name or a description sufficient to identify the person); and

(b) is to specify the grounds on which it is issued; and

(c) may require the person on whom it is served to take the measures specified in the notice to prevent, control, reduce or remediate environmental harm within a period specified in the notice; and

(ca) may vary the conditions or restrictions of a permit; and

(d) may impose any requirement reasonably required for the purpose for which the notice is issued, including one or more of the following requirements:

(i) that the person discontinue, or not commence, a specified activity indefinitely or for a specified period;

(ii) that the person not carry on a specified activity except at specified times or subject to specified conditions;

(iii) that the person take specified action within a specified period; and

(e) .  .  .  .  .  .  .  .  

(f) is to contain a statement that the person may, within 14 days from the date on which the notice is served, appeal to the Appeal Tribunal against the notice or against any requirement contained in the notice; and

(g) takes effect on the day on which it is served.

(3A)  The Director or, in the case of a notice issued under section 44(2) , the council officer may require the person on whom an environment protection notice is served to pay reasonable costs and expenses for the issuing of the notice and for ensuring that it is complied with.

(4)  Where an environment protection notice is issued by a council officer, the council must, as soon as practicable and in any event within 7 days, advise the Director in writing of that fact and of any amendment or revocation of the notice.

(4A)  Where an environment protection notice in respect of an activity that is not a level 2 activity or a level 3 activity is issued by the Director, the Director must, as soon as practicable and in any event within 7 days, advise the relevant council in writing of that fact and of any amendment or revocation of the notice.

(5)  The Director or, in the case of a notice issued by a council officer, a council officer may, by notice in writing served on a person served with an environment protection notice –

(a) revoke the notice; or

(b) amend the notice by extending the period within which a requirement is to be complied with; or

(c) amend or revoke any requirement or condition of the notice.

(6)  A person on whom an environment protection notice has been served or an owner of land to whom an environment protection notice has been forwarded under section 46 (1) (a) may appeal to the Appeal Tribunal against the notice or against any requirement contained in the notice.

(6A)  A person who has been served with a notice amending or revoking any requirement or condition of an environment protection notice under subsection (5)(c) may appeal to the Appeal Tribunal against the amendment or revocation.

(7)  An environment protection notice has effect even if it is inconsistent with a permit, or major project permit, in force under the Land Use Planning and Approvals Act 1993 and the permit or major project permit has no effect to the extent of the inconsistency.

(7A)  An environment protection notice has effect even if it is inconsistent with an environmental licence and the environmental licence has no effect to the extent of the inconsistency.

(8)  If the conditions or restrictions of a permit or a major project permit are varied by the issuing of an environment protection notice under subsection (1)(d) or subsection (2)(d) , or under subsection (1A) or (1B) , the Director or, in the case of an environment protection notice issued by a council officer, the council officer must by notice in writing served on any person who made a representation under section 57(5) of the Land Use Planning and Approvals Act 1993  –

(a) notify the person of the variation in the conditions or restrictions of the permit; and

(b) provide written reasons to that person for the decision to vary the conditions or restrictions of the permit.

(9)  Where the Director or, in the case of an environment protection notice issued under subsection (2) , a council officer considers that 2 or more environmentally relevant activities that are subject to permits or major project permits, and in respect of which separate environment protection notices could be issued to vary the conditions or restrictions of those permits or major project permits, can be viewed as forming one integrated activity, the Director or council officer may issue a single environment protection notice to vary those conditions or restrictions.

(10)  In this section –

vary the conditions or restrictions of a permit includes change existing conditions or restrictions and add or remove conditions or restrictions, provided that the fundamental use or development authorised by the permit or major project permit is not changed.