Part 4.6More than one notice under a provision of this Chapter may be given to the same person.
109 Extraterritorial application
A notice may be given under this Chapter to a person in respect of a matter or thing even though the person is outside the State or the matter or thing occurs or is located outside the State, so long as the matter or thing affects the environment of this State.
(1) A notice given under this Chapter may be revoked or varied by a subsequent notice or notices.(2) A notice may be varied by modification of, or addition to, its terms and specifications.(3) Without limiting the above, a notice may be varied by extending the time for complying with the notice.(4) A notice may only be revoked or varied by the Minister or by the regulatory authority or public authority that gave it.(5) A fee is not payable for the variation of an environment protection notice under this Chapter.
(1) A regulatory authority or public authority may, by its employees, agents or contractors, enter any premises at any reasonable time for the purpose of exercising its functions under this Chapter.(2) For the purpose of entering or leaving any such premises, the power conferred by this section extends to entering other premises.(3) A power to enter premises conferred by this section authorises entry by foot or by means of a motor vehicle or other vehicle, or in any other manner.(4) Entry may be effected under this section by an authority with the aid of such authorised officers or police officers as the authority considers necessary and with the use of reasonable force.
A person who wilfully delays or obstructs:(a) a person who is carrying out any action in compliance with an environment protection notice, or another person authorised by the person to carry it out, or(b) a public authority that is taking clean-up action under Part 4.2, or another person authorised by the authority to carry it out, or(c) a regulatory authority that is taking action under section 98 or 103, or another person authorised by the authority to take the action,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.Note. An offence against this section committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 169A.
113 False or misleading statements in reports
A person who in a report required under this Chapter and lodged with a regulatory authority makes a statement that the person knows is false or misleading in a material particular is guilty of an offence.Maximum penalty:
(a) in the case of a corporation—$1,000,000, or(b) in the case of an individual—$250,000.Note. An offence against this section committed by a corporation is an offence attracting special executive liability for a director or other person involved in the management of the corporation—see section 169.