Pollution abatement notice

(1) If the Department is satisfied that a process or activity which is being carried on or is proposed to be carried on at any premises or the use or proposed use of any premises– (a) has caused or is likely to cause pollution; (b) has caused or is likely to cause a failure to comply with– (i) any standard prescribed by these Regulations; (ii) any condition in a licence or permit; or (c) has created or is likely to create an environmental hazard; the Department may serve a pollution abatement notice on the occupier of those premises specifying the reason for which the pollution abatement notice is served. 138 Environmental Protection (2) A pollution abatement notice may require the owner, the occupier, or agent of any premises on whom it is served to do any one or more of the following– (a) to cease carrying on or not commence the process, activity or use; (b) to carry on, modify or control the process, activity or use in the manner specified in the (c) to supply to the plans, specifications and other information as is specified in the pollution abatement notice showing how the process, activity or use will be carried on, modified or controlled; (d) to take the measures including the installation, alteration, maintenance or operation of any apparatus, plant or structures as maybe specified in the pollution abatement notice; (e) to comply with– (i) any standard prescribed by these Regulations; (ii) any condition in a licence or permit; (f) to provide monitoring equipment and carry out a monitoring program as specified in the (3) If premises are premises on which more than the prescribed quantity or the prescribed concentration of a notifiable chemical are stored, processed or used, the pollution abatement notice may require the occupier of any premises on whom it is served to provide the Department with financial security satisfactory to the Department. Environmental Protection 139 (4) A requirement contained in a pollution abatement notice may be expressed to be general or limited in operation as to particular times, places or circumstances. (5) A pollution abatement notice may specify a period of time within which any requirement specified in the pollution abatement notice is to be complied with. (6) The Department may by notice of amendment in writing served on the occupier of any premises on whom a pollution abatement notice has been served– (a) extend the period, if any, for compliance with a requirement specified in the pollution abatement notice if the Department is satisfied that the circumstances of the case justify an extension of that period; and (b) revoke or amend any requirement specified in the pollution abatement notice. (7) A pollution abatement notice and any notice of amendment of a pollution abatement notice shall not take effect until a day specified in the pollution abatement notice or notice of amendment being a day not less than 30 days after the day on which the pollution abatement notice or notice of amendment is served. (8) An owner, occupier, or agent of any premises on whom a pollution abatement notice or a notice of amendment has been served under this Regulation who contravenes a requirement specified in the notice shall be guilty of an offence and liable to a penalty of not more than ten thousand dollars and in the case of a continuing offence to an additional penalty of not more than one hundred dollars for each day during which the offence continues.