(1) Application of section
This section applies where the EPA recommends to the Minister that a notice be given under this section because it is of the opinion that the emission or discharge of pollutants from (or within) any premises in which any activity is carried on:(a) is causing or is likely to cause such harm to the environment, or(b) is or is likely to be so injurious to public health, or(c) is causing or is likely to cause such discomfort or inconvenience to any persons not associated with the management or operation of the activity,that the giving of the notice is warranted.(2) Notice
The Minister may, by notice in writing, do either or both of the following:(a) direct the occupier of the premises,(b) direct the person carrying on the activity,to cease carrying on the activity, or any specified aspect of it, for such period as is specified in the notice.(3) Occupier’s duty
If the occupier who is given a notice is not the person carrying on the activity, the notice is taken to require the occupier to take all available steps to cause the activity to cease.(4) Further notice
The Minister may give further notices on the expiry of the period of the earlier notice if the EPA recommends in accordance with this section that the further notices be given.
A person who, without reasonable excuse, does not comply with a prohibition notice given to the person is guilty of an offence.
Maximum penalty:(a) in the case of a corporation—$1,000,000 and, in the case of a continuing offence, a further penalty of $120,000 for each day the offence continues, or(b) in the case of an individual—$250,000 and, in the case of a continuing offence, a further penalty of $60,000 for each day the offence continues.
If a person does not comply with a prohibition notice given to the person, the EPA may take action to cause the notice to be complied with by itself or by its employees, agents or contractors.