You are using a version of the website built for webcrawlers and people whose devices cannot use javascript. Some functionality may not be available.
Contents (1999 - 80)
Skip contents
Pesticides Act 1999 No 80
Current version for 15 January 2016 to date (accessed 26 June 2017 at 06:57)
Part 3 Division 2
Division 2 Clean-up notices
19   Environment Protection Authority may direct clean-up action
(1)  The Environment Protection Authority may, by notice in writing, do either or both of the following:
(a)  direct a person who is reasonably suspected by the Authority of causing or having caused any pesticide pollution,
(b)  direct an occupier of premises at which the Authority reasonably suspects that any pesticide pollution is occurring or has occurred,
to take such reasonable clean-up action as is specified in the notice and within a reasonable period that is specified in the notice.
(2)  The clean-up notice may require the person to whom the notice is given to furnish reports to the Environment Protection Authority regarding progress on the carrying out of the clean-up action.
(3)  If the person given a clean-up notice complies with the notice but was not the person who caused the pesticide pollution, 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 caused the pesticide pollution.
(4)  A person who, without reasonable excuse, does not comply with a clean-up notice given to the person is guilty of an offence.
Maximum penalty:
(a)  in the case of a corporation—$120,000 and, in the case of a continuing offence, a further penalty of $60,000 for each day the offence continues, or
(b)  in the case of an individual—$60,000 and, in the case of a continuing offence, a further penalty of $30,000 for each day the offence continues.
Note.
 An offence against subsection (4) 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 112.
20   Clean-up by public authorities
(1)  If a public authority reasonably suspects, or is advised by the Environment Protection Authority, that any pesticide pollution is occurring or has occurred, the public authority may take such clean-up action as it considers necessary.
(2)  A public authority may take action under this section whether or not a clean-up notice has been given under section 19, and (if such a notice has been given) whether or not the period specified in the notice under that section has ended.
(3)  A public authority may take clean-up action under this section by itself or by its employees, agents or contractors.
21   Clean-up directions may be given orally
(1)  The Environment Protection Authority may, instead of giving a direction under this Division by notice in writing, give the direction orally, but only in such circumstances as the Authority considers to be exceptional.
(2)  A direction that can be given orally under this Division by the Environment Protection Authority can be given orally by a person who is acting under delegated or other authority from the Authority.
(3)  A direction given orally to a person ceases to have effect on the expiration of 72 hours from the time it was given unless confirmed by a written clean-up notice given to the person.
(4)  A direction given orally has the same effect as a direction given by notice in writing, and is taken to be a clean-up notice.
22   Fee
(1)  The purpose of this section is to enable the Environment Protection Authority to recover the administrative costs of preparing and giving clean-up notices.
(2)  A person who is given a clean-up notice must within 30 days pay the prescribed fee (if any) to the Environment Protection Authority.
(2A)  No fee is payable in relation to the revocation or variation of a clean-up notice.
(3)  The Environment Protection Authority may, on the application of a person to whom subsection (2) applies, extend the time for payment of the fee.
(3A)  The Environment Protection Authority may waive payment of the whole or any part of the fee.
(4)  A person who does not pay the fee within the time provided under this section is guilty of an offence.
Maximum penalty: $20,000.