Part 6A Catchment correction notices and catchment protection notices
In this Part:catchment correction notice means a notice under Division 2.
catchment protection notice means a notice under Division 3.
compliance cost notice means a notice under section 62K.
corrective action, in relation to a targeted activity, includes the following:
(a) action to prevent, minimise, remove, disperse, destroy or mitigate any adverse impact on water quality or catchment health resulting or likely to result from the activity,(b) ascertaining the nature and extent of the targeted activity and of the actual or likely resulting adverse impact on water quality or catchment health,(c) preparing and carrying out a remedial plan of action.targeted activity means an activity in a special area or controlled area that has, or is likely to have, caused damage to, or detrimentally affected, the quality of any water, or the catchment health of any land, in the area concerned.
Division 2 Catchment correction notices
62B Corrective action by occupiers or persons carrying on certain activities
(1) The SCA may, by notice in writing (a catchment correction notice), do either or both of the following:(a) direct an occupier of land on or from which the SCA reasonably suspects that a targeted activity has been carried out or is being carried out,(b) direct a person who is reasonably suspected by the SCA of carrying out or having carried out a targeted activity,to take the corrective action specified in the notice within such period as is specified in the notice.(2) The catchment correction notice may require the person to whom the notice is given to furnish reports to the SCA regarding progress on the carrying out of the corrective action.(3) If the person given a catchment correction notice complies with the notice but was not the person who carried out the targeted activity, the cost of complying with the notice may be recovered by the person who complied with the notice as a debt in a court of competent jurisdiction from the person who carried out the targeted activity.(4) A catchment correction notice, or a variation of a catchment correction notice, operates from the day the notice or notice of the variation is given or from such later day as the notice specifies.(5) A person who, without reasonable excuse, does not comply with a catchment correction notice given to the person is guilty of an offence.Maximum penalty:
(a) in the case of a corporation—$250,000 and, in the case of a continuing offence, a further penalty of $30,000 for each day the offence continues, or(b) in the case of an individual—$120,000 and, in the case of a continuing offence, a further penalty of $15,000 for each day the offence continues.Note. An offence against subsection (5) 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 64B.
62C Corrective action by public authorities
(1) If the SCA reasonably suspects that a targeted activity has been carried out or is being carried out, the SCA may, by notice in writing, direct a public authority to take such corrective action as is specified in the notice. The public authority is authorised and required to take that action.(2) If a public authority reasonably suspects that a targeted activity has been carried out or is being carried out, the public authority may take such corrective action as it considers necessary. The public authority is authorised to take that action, whether or not it is directed to take corrective action under subsection (1).(3) Notices may be given, and action may be taken, under this section whether or not a catchment correction notice has been given under section 62B, and (if such a notice has been given) whether or not the period specified in the notice under that section has expired.(4) A public authority may take corrective action under this section by itself or by its employees, agents or contractors.(5) In this section:public authority does not include a State owned corporation.
62D Catchment correction notice may be given orally
(1) The SCA may, instead of giving a direction under this Division by notice in writing, cause the direction to be given orally by an authorised officer.(2) A direction given orally to a person ceases to have effect on the expiration of the period of 72 hours after the time it was given unless confirmed by the SCA by a written correction notice given to the person within that period.(3) A direction given orally has the same effect as a direction given by notice in writing, and is taken to be a catchment correction notice.
62E Fee for catchment correction notice
(1) The purpose of this section is to enable the SCA to recover the administrative costs of preparing and giving catchment correction notices.(2) A person who is given a catchment correction notice under section 62B must within 30 days after the notice is given pay the fee prescribed under section 94 of the Protection of the Environment Operations Act 1997 to the SCA.(3) The SCA may:(a) extend the time for payment of the fee, on the application of the person given the catchment correction notice, or(b) waive payment of the whole or any part of the fee, on the SCA’s own initiative or on the application of the person.(4) A person who does not pay the fee within the time required under this section is guilty of an offence.Maximum penalty: 200 penalty units.
Division 3 Catchment protection notices
(1) This section applies when the SCA reasonably suspects that a targeted activity has been, will be or is being carried out on any land in a special area or a controlled area.(2) The SCA may, by notice in writing (a catchment protection notice), do either or both of the following:(a) direct the occupier of the land,(b) direct the person carrying on the activity,to take such action, as is specified in the notice within such period (if any) as is specified in the notice, to ensure that either the targeted activity is not commenced, is no longer carried on, or if the targeted activity is permitted to be carried on in future, it is carried on in a manner that does not cause damage to, or detrimentally affect, the quality of any water, or the catchment health of any land, in the special area or controlled area.(3) The action to be taken may (without limitation) include any of the following:(a) ceasing to carry on or not commencing to carry on an activity,(b) carrying on an activity in a particular manner,(c) carrying on an activity only during particular times,(d) preparing and carrying out a plan of action to control, prevent or minimise any damage to, or detrimental effect on, the quality of any water, or the catchment health of any land, in the special area or controlled area.(4) If the occupier who is given a notice is not the person carrying on the targeted activity, the notice is taken to require the occupier to take all available steps to cause the action to be taken by the person carrying on the targeted activity.(5) A catchment protection notice may require the person to whom the notice is given to furnish reports to the SCA regarding progress on carrying out the action required to be taken by the notice.(6) A person who does not comply with a catchment protection notice given to the person is guilty of an offence.Maximum penalty:
(a) in the case of a corporation—$250,000 and, in the case of a continuing offence, a further penalty of $30,000 for each day the offence continues, or(b) in the case of an individual—$120,000 and, in the case of a continuing offence, a further penalty of $15,000 for each day the offence continues.Note. An offence against subsection (6) 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 64B.
62G Action in event of failure to comply
If a person does not comply with a catchment protection notice given to the person, the SCA may take action to cause the notice to be complied with by itself or by its employees, agents or contractors.
62H Commencement of operation of catchment protection notice or variation of catchment protection notice
(1) A catchment protection notice, or a variation of a catchment protection notice, operates from the day the notice or notice of the variation is given or from such later day as the notice specifies.(2) If an appeal is made against a catchment protection notice or the variation of a catchment protection notice and the Land and Environment Court directs that the notice is stayed, the notice or variation does not operate until the stay ceases to have effect or the Land and Environment Court confirms the notice or the appeal is withdrawn, whichever first occurs.
62I Fee for catchment protection notice
(1) The purpose of this section is to enable the SCA to recover the administrative costs of preparing and giving catchment protection notices.(2) A person who is given a catchment protection notice must within 30 days after the notice is given pay the fee prescribed under section 94 of the Protection of the Environment Operations Act 1997 to the SCA.(3) The SCA may:(a) extend the time for payment of the fee, on the application of the person given the notice, or(b) waive payment of the whole or any part of the fee, on the SCA’s own initiative or on the application of the person.(4) The fee is not payable during the currency of an appeal against the catchment protection notice.(5) If the decision of the Land and Environment Court on an appeal does not invalidate the catchment protection notice, the fee is payable within 30 days of the decision.(6) A person who does not pay the fee within the time required under this section is guilty of an offence.Maximum penalty: 200 penalty units.
62J Appeals against catchment protection notices
(1) A person served with a catchment protection notice may, within 21 days (or such other period as is prescribed by the regulations) after being served with the notice, appeal to the Land and Environment Court against the notice.(2) The lodging of an appeal does not, except to the extent that the Land and Environment Court otherwise directs in relation to the appeal, operate to stay the notice appealed against.(3) There is no appeal against a decision not to extend the time for complying with a catchment protection notice.(4) For the purposes of this section, a catchment protection notice includes a notice that varies a catchment protection notice.
(1) The SCA may, by notice in writing, require a person to whom a catchment correction notice has been given to pay all or any reasonable costs and expenses incurred by the SCA in connection with:(a) monitoring action required to be taken by the notice, and(b) ensuring that the notice is complied with, and(c) any other associated matters.(2) A public authority that takes corrective action under section 62C may, by notice in writing, require:(a) the occupier of the land on or from which the authority reasonably suspects that the targeted activity was carried out, or(b) the person who is reasonably suspected by the authority of having carried out the targeted activity,or both, to pay all or any reasonable costs and expenses incurred by it in connection with the corrective action.(3) If the SCA takes action under section 62G because a catchment protection notice is not complied with, the SCA may, by notice in writing, require the person to whom the catchment protection notice was given to pay all or any reasonable costs and expenses incurred by it in taking the action.
(1) The SCA or a public authority may recover any unpaid amounts specified in a compliance cost notice as a debt in a court of competent jurisdiction.(2) If the person given a compliance cost notice complies with the notice but was not the person who carried out the targeted activity, the cost of complying with the notice may be recovered by the person who complied with the notice as a debt in a court of competent jurisdiction from the person who carried out the targeted activity.
62M Registration of compliance cost notices in relation to land
(1) If a compliance cost notice has been given by the SCA or a public authority to a person, the SCA or the public authority may apply to the Registrar-General for registration of the notice in relation to any land owned by the person.(2) An application under this section must define the land to which it relates.(3) The Registrar-General must, on application under this section and lodgment of a copy of the compliance cost notice, register the notice in relation to the land in such manner as the Registrar-General thinks fit.(4) If the notice relates to land under the provisions of the Real Property Act 1900, the notice is to be registered under that Act.
62N Charge on land subject to compliance cost notice
(1) This section applies where a compliance cost notice is registered under section 62M, on the application of the SCA or a public authority, in relation to particular land owned by a person.(2) There is created by force of this section, on the registration of the notice, a charge on the land in relation to which the notice is registered to secure the payment to the SCA or the public authority of the amount specified in the notice.(3) Such a charge ceases to have effect in relation to the land:(a) on payment to the SCA or the public authority of the amount concerned, or(b) on the sale or other disposition of the land with the written consent of the SCA or the public authority, or(c) on the sale of the land to a purchaser in good faith for value who, at the time of the sale, has no notice of the charge,whichever first occurs.(4) Such a charge is subject to every charge or encumbrance to which the land was subject immediately before the notice was registered.(5) Such a charge is not affected by any change of ownership of the land, except as provided by subsection (3).(6) If:(a) such a charge is created on land of a particular kind and the provisions of any law of the State provide for the registration of title to, or charges over, land of that kind, and(b) the charge is so registered,a person who purchases or otherwise acquires the land after the registration of the charge is, for the purposes of subsection (3), taken to have notice of the charge.(7) The regulations may make provision for or with respect to the removal of a charge under this section.(8) The SCA or a public authority may, by notice in writing, require the person to whom the compliance cost notice was given to pay all or any of the reasonable costs and expenses incurred by the SCA or the public authority in respect of the lodgment or registration of the compliance cost notice and the registration of any resulting charge (including the costs of discharging the charge). The SCA or the public authority may recover any unpaid amounts specified in the notice as a debt in a court of competent jurisdiction.
More than one notice under a provision of this Part may be given to the same person.
(1) A notice given under this Part 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 given by the SCA may be revoked only by the SCA and a notice given by a public authority may be revoked only by the public authority.(5) A fee is not payable for the variation of a notice under this Part.
A person who wilfully delays or obstructs:(a) a person who is carrying out any action in compliance with a catchment correction notice or a catchment protection notice, or another person authorised by the person to carry it out, or(b) a public authority that is taking corrective action under section 62C, or any person authorised by the public authority to take corrective action under section 62C,is guilty of an offence.Maximum penalty:
(a) in the case of a corporation—$250,000 and, in the case of a continuing offence, a further penalty of $30,000 for each day the offence continues, or(b) in the case of an individual—$120,000 and, in the case of a continuing offence, a further penalty of $15,000 for each day the offence continues.