Environmental Protection and Management Act · 2022 Revised Edition · Part · Powers
17. Power to issue remedial order or stop-work order
Official textFrom Attorney General's Chambers, unchanged
This section applies if the Authority is satisfied that —
any person has done any act, or has refrained from doing any act which, in the opinion of the Authority, is likely to pollute or damage the environment; or
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any person has contravened any duty imposed by this Act or any regulations made thereunder.
A remedial order under this section shall —
direct the person served with the order to take such measures, to the satisfaction of the Authority —
to comply with any duty imposed by this Act; or
to do or refrain from doing any act referred to in subsection 1(a); and
specify the date on which it is to take effect and the period
(which shall run from the date the remedial order takes effect) within which any step required by the order shall be taken.
A stop-work order shall direct the person served with the order to immediately cease to carry on any activity —
indefinitely; or
until such measures as are required by the Authority have been taken, to the satisfaction of the Authority, as the case may be, to remedy such act so as to enable the activity to be carried on with due regard to the environment, and specify the date on which it is to take effect.
Any person who fails to comply with a remedial order is guilty of an offence and liable on conviction to a fine not exceeding $1,000,000, imprisonment for a term not exceeding 3 years or both and, in the case of a continuing offence, to a further fine not exceeding $100,000 for every day or part thereof during which the offence continues after conviction.
Any person who fails to comply with a stop-work order is guilty of an offence and liable on conviction to a fine not exceeding $10,000,000, imprisonment for a term not exceeding 5 years or both and, in the case of a continuing offence, to a further fine not exceeding $200,000 for every day or part thereof during which the offence continues after conviction.
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Where any person fails to comply with a remedial order or stop-work order, the Authority may —
at all reasonable times enter upon the premises and take such measures and execute such work as may be necessary to give effect to the order; and
take appropriate measures to prevent —
unauthorised entry to any area within the premises; or
unauthorised access to any machinery, equipment, plant or article affected by the order.
Any costs and expenses incurred by the Authority or under subsection (6) may be recovered as a debt due to the Government from the person served with the remedial order or stop-work order.
Terms defined in s 3
environment
Defined · s 3“environment” means the physical factors of the surroundings of the human beings including land, water, atmosphere, climate, sounds, odours, tastes, the biological factors of animals and the social factor of aesthetics;
premises
Defined · s 3“premises” includes any place whether enclosed or built on or not, whether situated underground or under water and, in particular, includes — (a) any building, vehicle, vessel or aircraft; (b) any structure, whether a fixed structure or a movable structure such as a tent; and (c) a part of any premises, including a part of premises of a kind referred to in paragraph (a) or (b);
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