Protection of the Environment Operations Act 1997

Environment protection notices and other notices ch 4, hdg: Am 2024 No 20, Sch 9[13]. Part 4.1 Preliminary 89 Definitions In this Chapter— clean-up notice means a notice under Part 4.2. compliance cost notice means a notice under Part 4.5. prevention notice means a notice under Part 4.3. prohibition notice means a notice under Part 4.4. 90 Classification of environment protection notices Environment protection notices are of the following kinds— (a) clean-up notices, (b) prevention notices, (c) prohibition notices. Note. See also noise control notices under Part 8.6. Part 4.1A Preliminary investigation notices ch 4, pt 4.1A: Ins 2024 No 20, Sch 9[14]. 90A Definitions In this part— preliminary investigation compliance notice —see section 90G(1). preliminary investigation notice —see section 90B(2). relevant circumstances —see section 90B(1). s 90A: Ins 2024 No 20, Sch 9[14]. 90B Issue of preliminary investigation notices (1) This section applies if the EPA reasonably suspects any of the following circumstances ( relevant circumstances ) may exist or have existed at premises— (a) circumstances that may pose a potential risk of harm to human health or the environment from— (i) a substance, or (ii) the deposit of waste or substances suspected of being waste, (b) a pollution incident. (2) The EPA may issue a person referred to in subsection (3) with a written notice (a preliminary investigation notice ) to facilitate the EPA carrying out a preliminary investigation to determine whether the relevant circumstances exist. (3) A preliminary investigation notice may be issued to— (a) an owner or occupier of the premises, or (b) a person who has caused or contributed to, to any extent, the relevant circumstances which are the subject of the notice. (4) A person to whom a preliminary investigation notice is issued must comply with the notice. Maximum penalty for subsection (4)— (a) for a corporation—$2,000,000 and, for a continuing offence, a further penalty of $240,000 for each day the offence continues, or (b) for an individual—$500,000 and, for a continuing offence, a further penalty of $120,000 for each day the offence continues. s 90B: Ins 2024 No 20, Sch 9[14]. 90C Preliminary investigation notice may be given orally (1) The EPA may give a preliminary investigation notice orally. (2) A preliminary investigation notice given orally to a person ceases to have effect 72 hours after it was given to the person unless the notice is confirmed by the EPA by a written preliminary investigation notice. (3) A notice given orally under subsection (1)— (a) has the same effect as a written preliminary investigation notice, and (b) is taken to be a preliminary investigation notice. s 90C: Ins 2024 No 20, Sch 9[14]. 90D Content of preliminary investigation notices (1) A preliminary investigation notice may require the person to whom it is issued to assist the EPA to— (a) investigate whether the relevant circumstances exist, and (b) if the relevant circumstances exist—determine the nature and extent of the relevant circumstances, including the nature and extent of any harm or risk of harm to human health or the environment arising from the relevant circumstances. (2) Without limiting subsection (1), the preliminary investigation notice may require the person to whom it is issued to do the following— (a) collect samples of a substance and have the samples tested and analysed, (b) provide a report about the testing or analysis to the EPA, (c) preserve or prevent the disturbance of a specified substance or location at the premises for a period of time specified in the preliminary investigation notice, including— (i) moving a substance to a more secure location on the premises or on other premises, and (ii) restricting access to a substance or location, and (iii) preventing a substance from being removed from the premises. s 90D: Ins 2024 No 20, Sch 9[14]. 90E Preliminary investigation notices may be given to directors and related bodies corporate (1) This section applies if — (a) a preliminary investigation notice (the previous preliminary investigation notice ) has been given to a corporation by the EPA, and (b) the corporation has not complied with the previous preliminary investigation notice within the period specified in the notice. (2) The EPA may, by written notice (the supplementary preliminary investigation notice ), direct 1 or more of the following to carry out, or ensure the carrying out of, the action specified in the preliminary investigation notice within the period specified in the notice— (a) a current director of the corporation, (b) a former director of the corporation, (c) a related body corporate. (3) The supplementary preliminary investigation notice may also require the person to whom the notice is given to provide reports to the EPA about progress on the carrying out of the action specified in the notice. (4) If the person given a supplementary preliminary investigation notice complies with the notice but was not the person who caused, or solely caused, the relevant circumstances, the cost, or part of 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 another person who caused or contributed to the relevant circumstances. (5) A reference in subsection (2) to a director of a corporation extends to a person involved in the management of the affairs of the corporation. s 90E: Ins 2024 No 20, Sch 9[14]. 90F Action by EPA to comply with preliminary investigation notice If a person does not comply with a preliminary investigation notice given to the person or the EPA otherwise believes it would be appropriate, the EPA may— (a) take action to comply with the notice itself or by its employees, agents or contractors, and (b) recover the relevant costs under sections 90G and 90H. s 90F: Ins 2024 No 20, Sch 9[14]. 90G Preliminary investigation compliance notices (1) If the EPA gives a preliminary investigation notice to a person, the EPA may, by written notice (a preliminary investigation compliance notice ) given to the person, require the person to pay all or any reasonable costs and expenses incurred by the EPA in connection with— (a) taking action or monitoring under the preliminary investigation notice, and (b) ensuring the notice is complied with, and (c) other associated matters. (2) If the EPA takes action under section 90F because a preliminary investigation notice is not complied with or the EPA otherwise believes it would be appropriate, the EPA may, by written notice, require the person to whom the notice was given or a person who caused or contributed to the relevant circumstances to pay all or any reasonable costs and expenses incurred by the EPA in taking the action. s 90G: Ins 2024 No 20, Sch 9[14]. 90H Recovery of amounts (1) The EPA may recover any unpaid amounts specified in a preliminary investigation compliance notice as a debt in a court of competent jurisdiction. (2) If the person given a preliminary investigation compliance notice complies with the notice but was not the person who caused or contributed to the relevant circumstances, 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 or contributed to the relevant circumstances. s 90H: Ins 2024 No 20, Sch 9[14]. 90I Recovery of other costs (1) This section applies if— (a) a person (the first person ) carries out the requirements of a preliminary investigation notice, and (b) another person (the second person ) is issued an environment protection notice or recall notice in relation to the relevant circumstances the subject of the preliminary investigation notice. (2) The first person may recover the first person’s costs in carrying out the requirements from the second person if the second person contributed to the relevant circumstances. (3) For this section, the costs of the first person in carrying out the requirements of the preliminary investigation notice include any amount for which the first person is liable, or reasonable cost the first person has a duty to meet, under section 90G. s 90I: Ins 2024 No 20, Sch 9[14]. Part 4.2 Clean-up notices 91 Clean-up by owners and occupiers of premises and polluters (1) Notices The appropriate regulatory authority may, by notice in writing, do 1 or more of the following— (a) direct an owner or occupier of premises at or from which the authority reasonably suspects that a pollution incident has occurred or is occurring, (b) direct a person who is reasonably suspected by the authority of causing or having caused a pollution incident, (c) direct a person who is reasonably suspected by the authority of contributing, to any extent, to a pollution incident, to take such clean-up action as is specified in the notice and within such period as is specified in the notice. Note. pollution incident and clean-up action are defined in the Dictionary. (1A) The appropriate regulatory authority may give a clean-up notice to a person under subsection (1)(c)— (a) whether or not another person has been given a clean-up notice in relation to the pollution incident, and (b) whether or not another person contributed to the pollution incident. (1B) Without limiting subsection (1), a clean-up notice given to a person under subsection (1)(c) may require the person to carry out clean-up actions to completely prevent, minimise, remove, disperse, destroy or mitigate pollution resulting or likely to result from the incident irrespective of the nature or extent of the person’s contribution to the incident. (2) Notices by EPA in emergency The EPA may, if it considers that it is necessary to do so because of an emergency, give the clean-up notice even if it is not the appropriate regulatory authority with respect to the pollution incident. (3) Reports The clean-up notice may require the person to whom the notice is given to furnish reports to the appropriate regulatory authority regarding progress on the carrying out of the clean-up action. (4) If the person given a clean-up notice complies with the notice but was not the person who caused, or solely caused, the pollution incident, the cost, or part of 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 any person who caused or contributed to the pollution incident. (5) Note— See also section 144AG, which provides that this part applies to the depositing of litter or waste referred to in section 144AE(1) or the depositing of litter under Part 5.6A as if the depositing of the litter or waste were a pollution incident. s 91: Am 2005 No 96, Sch 1 [42]; 2012 No 97, Sch 1.34 [7]; 2014 No 65, Sch 2.1 [2]; 2022 No 3, Sch 5[25]–[30]; 2024 No 20, Sch 9[15] [16]. 91A Clean-up notices may be given to directors and related bodies corporate (1) This section applies if — (a) a clean-up notice (the previous clean-up notice ) has been given to a corporation— (i) by the appropriate regulatory authority under section 91(1), or (ii) by the EPA under section 91(2), and (b) the corporation has not complied with the previous clean-up notice within the period specified in the notice. (2) The appropriate regulatory authority may, by written notice (the supplementary clean-up notice ), direct 1 or more of the following to carry out, or ensure the carrying out of, the clean-up action specified in the notice within the period specified in the notice— (a) a current director of the corporation, (b) a former director of the corporation, (c) a related body corporate. (3) The supplementary clean-up notice may require the person to whom the notice is given to provide reports to the appropriate regulatory authority about progress on the carrying out of the clean-up action. (4) If the EPA considers it necessary for the purposes of responding to an emergency, the EPA may give a supplementary clean-up notice under this section regardless of whether the EPA is the appropriate regulatory authority in relation to the pollution incident. (5) If the person given a supplementary clean-up notice complies with the notice but was not the person who caused, or solely caused, the pollution incident, the cost, or part of 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 another person who caused or contributed to the pollution incident. (6) A reference in subsection (2) to a director of a corporation extends to a person involved in the management of the affairs of the corporation. s 91A: Ins 2022 No 3, Sch 5[31]. Am 2023 No 30, Sch 2.5[1]. 91AA Ancillary directions (1) This section applies if the appropriate regulatory authority— (a) has given a clean-up notice to a person, and (b) reasonably believes access to premises or a substance on premises needs to be restricted— (i) to allow clean-up action to be taken under the clean-up notice, or (ii) because there is a risk to human health from the substance the subject of the pollution incident for which clean-up action must be taken. (2) The appropriate regulatory authority may give a direction (an ancillary direction )— (a) prohibiting, regulating or controlling entry or exit to the premises, or (b) providing for matters to secure, or restrict or prevent access to, the substance, or (c) prohibiting, regulating or controlling an activity in connection with the substance. (3) The appropriate regulatory authority may give an ancillary direction by— (a) publishing notice of the direction on a NSW Government website, or (b) for an emergency—displaying a copy of the direction in a prominent place in or adjacent to the premises to which the direction applies. (4) An ancillary direction takes effect when notice of the direction is published or a copy of the direction is displayed under subsection (3). (5) If an ancillary direction is given under subsection (3)(b), notice of the ancillary direction must be published on a NSW Government website as soon as practicable after the ancillary direction is given. s 91AA: Ins 2025 No 58, Sch 9[31]. 91B Offence 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) for a corporation—$2,000,000 and, for a continuing offence, a further penalty of $240,000 for each day the offence continues, or (b) for an individual—$500,000 and, for a continuing offence, a further penalty of $120,000 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. s 91B: Ins 2022 No 3, Sch 5[31]. Am 2024 No 20, Sch 9[5]–[8]. 92 Clean-up by public authorities (1) Directions to public authorities to take clean-up action If the EPA reasonably suspects that a pollution incident has occurred or is occurring, the EPA may, by notice in writing, direct a public authority to take such clean-up action as is specified in the notice. The public authority is authorised and required to take that action. (2) Voluntary clean-up action by public authorities If a public authority reasonably suspects that a pollution incident has occurred or is occurring, the public authority may take such clean-up action as it considers necessary. The public authority is authorised to take that action, whether or not it is directed to take clean-up action under subsection (1). (3) Operation of section Notices may be given, and action may be taken, under this section— (a) whether or not the EPA is the appropriate regulatory authority with respect to the pollution incident, and (b) whether or not a clean-up notice has been given under section 91, and (if such a notice has been given) whether or not the period specified in the notice under that section has ended. (4) Taking of clean-up action A public authority may take clean-up action under this section by itself or by its employees, agents or contractors. (5) Definition In this section— public authority does not include a State owned corporation or the lessor of a transacted distribution system or transacted transmission system under the Electricity Network Assets (Authorised Transactions) Act 2015 . s 92: Am 2015 No 5, Sch 8.21 [2]. 93 Clean-up directions may be given orally (1) Oral directions A regulatory authority may, instead of giving a direction under this Part by notice in writing, give the direction orally. (2) Manner of giving oral direction A direction that can be given orally under this Part by a regulatory authority can be given orally by a person who is acting under delegated or other authority from the authority. (3) Reduction to writing A direction given orally to a person ceases to have effect on the expiration of 3 business days from the time it was given unless confirmed by the regulatory authority who gave the direction orally by a written clean-up notice given to the person. (4) Effect of oral direction 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. s 93: Am 2001 No 56, Sch 1.14 [7]; 2025 No 58, Sch 9[32]. 93A Development consent and approval not required for clean-up action (1) This section applies if— (a) under this part, a person is required to take clean-up action, and (b) the carrying out of the clean-up action would, but for this section, require consent or approval under the Environmental Planning and Assessment Act 1979 . (2) Despite the Environmental Planning and Assessment Act 1979 or an instrument made under that Act, consent or approval under that Act or instrument is not required to carry out the clean-up action. s 93A: Ins 2024 No 20, Sch 9[17]. 94 Fee (1) The purpose of this section is to enable a regulatory authority to recover the administrative costs of preparing and giving clean-up notices. (2) A person who is given a clean-up notice by a regulatory authority must within 30 days pay the prescribed fee to the authority. (3) The regulatory authority may— (a) extend the time for payment of the fee, on the application of a person to whom subsection (2) applies, or (b) waive payment of the whole or any part of the fee, on the authority’s own initiative or on the application of a person to whom subsection (2) applies. (4) A person who does not pay the fee within the time provided under this section is guilty of an offence. Maximum penalty—200 penalty units. Note. Section 110 (5) provides that a fee is not payable for the variation of an environment protection notice under this Chapter. s 94: Am 2005 No 96, Sch 1 [43] [44]. Part 4.2A Recall notices ch 4, pt 4.2A: Ins 2024 No 20, Sch 9[18]. 94A Definitions In this part— recall cost notice —see section 94M(1). recall notice —see section 94B. supply chain participant —see section 94C(1)(c). s 94A: Ins 2024 No 20, Sch 9[18]. 94B Issue of recall notice The EPA may, with the approval of the Minister, issue a notice (a recall notice ) if, in the EPA’s opinion, 1 or more of the following grounds apply— (a) either— (i) a substance poses a potential risk of harm to human health or the environment, or (ii) a particular use of, or activity involving, the substance poses a potential risk of harm to human health or the environment, (b) a substance— (i) is required by environment protection legislation or a national environment protection measure to comply with a prescribed standard or other specific requirements, and (ii) does not comply with the standard or other requirements, (c) environment protection legislation has been contravened, (d) another matter prescribed by the regulations. s 94B: Ins 2024 No 20, Sch 9[18]. 94C Content of recall notice (1) A recall notice must— (a) identify the substance the subject of the notice, and (b) state the reason under section 94B the recall notice has been issued, and (c) identify the persons or class of persons (both supply chain participants ) who are subject to the recall notice, and (d) give information or advice about how to minimise the risk of potential harm from the substance, and (e) state the actions required to be taken by the supply chain participants who are subject to the recall notice, and (f) include any other matters prescribed by the regulations. (2) For subsection (1)(c), the recall notice may identify the supply chain participants in either or both of the following ways— (a) specifically by name, (b) by reference to a class of persons. s 94C: Ins 2024 No 20, Sch 9[18]. 94D Application of recall notice to supply chain participants A recall notice may apply to any supply chain participant involved in the supply chain of the substance, including a supply chain participant— (a) producing, generating, processing or reprocessing the substance, including processing or reprocessing the substance with other substances or by mixing the substance with other substances, or (b) selling, distributing, transporting, supplying, resupplying or storing the substance, or (c) receiving or processing the substance, whether or not to supply the substance to another person, or (d) making the substance available or providing the substance to another person. s 94D: Ins 2024 No 20, Sch 9[18]. 94E Actions required by recall notice For section 94C(1)(e), a recall notice may require a supply chain participant who is subject to the notice to do any of the following— (a) stop supplying the substance, or a particular batch of the substance, immediately or within a specified time, (b) take action to recover the substance from another person and return the substance to— (i) the supply chain participant’s premises, or (ii) another specified location, (c) take specified action in relation to the substance, including— (i) sampling, testing, remediating or disposing of the substance, or (ii) moving the substance to a specified location, (d) give information and records to the EPA about— (i) who the supply chain participant has supplied the substance to, and (ii) the supply chain for the substance, (e) if the substance cannot be recalled from a person who has received a supply of the substance—take specified actions, including the following— (i) securing the substance at its current location, (ii) taking action or giving information to the person to prevent or minimise the likelihood of the substance causing harm to human health or the environment, (f) publish, in a form approved by the EPA— (i) warnings that the substance is being recalled on the basis of 1 or more of the grounds referred to in section 94B(a)–(d), and (ii) other specified particulars, including the following— (A) batch numbers or other identifying particulars of the substance, (B) information about preventing or minimising the likelihood of the substance causing harm to human health or the environment, (C) information about the recall of the substance, (g) control the movement of the substance at premises used or controlled by the supply chain participant, including the following— (i) isolating the substance from other substances, (ii) securing, or restricting or preventing access to, the substance in place, (iii) prohibiting the movement of the substance on the premises at which the substance is located or to other premises, (h) not produce the substance for a specified period, (i) report on compliance with the recall notice, (j) if the supply chain participant has received supply or resupply of the substance—not supply the substance to another person, (k) take the following action and provide evidence of the action taken— (i) action to dispose of the substance at a facility that can lawfully receive the substance, (ii) action to destroy the substance, (l) another action prescribed by the regulations. s 94E: Ins 2024 No 20, Sch 9[18]. 94F Publication of recall notice (1) A recall notice must be published— (a) on the EPA’s website, and (b) if the EPA considers it necessary to publish the notice in other ways to bring the notice to the attention of members of the public generally or in a particular part of the State—in other ways the EPA is satisfied are likely to bring the notice to the attention of members of the public generally or in that part of the State. (2) A recall notice takes effect— (a) when the notice is published on the EPA’s website, or (b) on a later date specified in the notice. (3) A recall notice must also be published in the Gazette as soon as practicable after the notice is published on the EPA’s website. s 94F: Ins 2024 No 20, Sch 9[18]. 94G Recall notices may be given to directors and related bodies corporate (1) This section applies if — (a) a recall notice (the previous recall notice ) has been issued by the EPA in relation to a supply chain participant that is a corporation, and (b) the corporation has not complied with the previous recall notice within the period specified in the notice. (2) The EPA may, by written notice (the supplementary recall notice ), direct 1 or more of the following to carry out, or ensure the carrying out of, the action specified in the recall notice within the period specified in the notice— (a) a current director of the supply chain participant, (b) a former director of the supply chain participant, (c) a related body corporate. (3) The supplementary recall notice may also require the person to whom the notice is given to provide reports to the EPA about progress on the carrying out of the action specified in the notice. (4) If the person given a supplementary recall notice complies with the notice but was not the person who caused, or solely caused, the circumstances the subject of the recall notice, the cost, or part of 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 another person who caused or contributed to the relevant circumstances. (5) A reference in subsection (2) to a director of a supply chain participant that is a corporation extends to a person involved in the management of the corporation. s 94G: Ins 2024 No 20, Sch 9[18]. 94H Development consent and approval not required for action under recall notice (1) This section applies if— (a) under this part, a person is required to take action under a recall notice, and (b) the carrying out of the action would, but for this section, require consent or approval under the Environmental Planning and Assessment Act 1979 . (2) Despite the Environmental Planning and Assessment Act 1979 or an instrument made under that Act, consent or approval under that Act or instrument is not required to carry out the action under the recall notice. s 94H: Ins 2024 No 20, Sch 9[18]. 94I Public authority may take action in relation to recall notice (1) This section applies if— (a) a supply chain participant is given a recall notice, and (b) either— (i) the supply chain participant does not comply with the notice, or (ii) the EPA or a public authority otherwise considers it would be appropriate for the EPA or public authority to take action required under the recall notice. (2) The EPA may take action required under the recall notice if the EPA considers it appropriate to take the action. (3) The public authority may take action required under the recall notice if the public authority— (a) is directed by the EPA to take the action, or (b) otherwise considers it appropriate to take the action. s 94I: Ins 2024 No 20, Sch 9[18]. 94J Costs of complying with recall notice (1) A supply chain participant to whom a recall notice is given must pay the participant’s own costs of complying with the notice. (2) To avoid doubt, subsection (1) does not prevent the supply chain participant from recovering costs, or making another claim for damages or compensation, to which the supply chain participant may be entitled other than under this Act. (3) If the EPA or a public authority takes action to comply with a recall notice itself or its officers, employees or contractors take the action, the EPA or public authority may recover the relevant costs under sections 94M and 94N. s 94J: Ins 2024 No 20, Sch 9[18]. 94K Reviews and appeals For this part— (a) a decision by the Minister or EPA is not an administratively reviewable decision for the Administrative Decisions Review Act 1997 , and (b) in proceedings for judicial review or other provisions, a court or tribunal must not make an interlocutory order that has the effect of staying the operation of a recall notice. s 94K: Ins 2024 No 20, Sch 9[18]. 94L Failure to comply with recall notice A supply chain participant who is subject to a recall notice must, unless the participant has a reasonable excuse, comply with the notice. Maximum penalty— (a) for a corporation—$2,000,000 and, for a continuing offence, a further penalty of $240,000 for each day the offence continues, or (b) for an individual—$500,000 and, for a continuing offence, a further penalty of $120,000 for each day the offence continues. s 94L: Ins 2024 No 20, Sch 9[18]. 94M Recall cost notices (1) The EPA or a public authority may, by written notice (a recall cost notice ) published on the EPA’s website, require the supply chain participant to whom a recall notice is given to pay all or any reasonable costs and expenses incurred by the EPA or public authority in connection with— (a) taking action or monitoring under the recall notice, and (b) ensuring the notice is complied with, and (c) a matter associated with or incidental to a matter referred to in paragraph (a) or (b). (1A) Without limiting subsection (1)(c), the costs and expenses incurred by the EPA in connection with a matter associated with or incidental to a matter referred to in subsection (1)(a) or (b) include costs and expenses incurred in connection with the matter before the recall cost notice was given. (2) If the EPA or a public authority takes action under subsection (1), the EPA or public authority may, by written notice given to the supply chain participant to whom the recall notice was given, require the participant to pay all or any reasonable costs and expenses incurred by the EPA or public authority in taking the action. s 94M: Ins 2024 No 20, Sch 9[18]. Am 2025 No 58, Sch 9[33]–[35]. 94N Recovery of amounts The EPA or a public authority may recover any unpaid amounts specified in a recall cost notice as a debt in a court of competent jurisdiction. s 94N: Ins 2024 No 20, Sch 9[18]. 94O Voluntary recalls (1) A person involved in the supply chain of a substance may initiate a voluntary recall of the substance if the person considers it necessary or appropriate, including if— (a) either— (i) the substance poses a potential risk of harm to human health or the environment, or (ii) a particular use of, or activity involving, the substance poses a potential risk of harm to human health or the environment, or (b) the substance— (i) is required by environment protection legislation or a national protection measure to comply with a prescribed standard or other specific requirements, and (ii) does not comply with the standard or other requirements, or (c) environment protection legislation has been contravened, or (d) another matter prescribed by a regulation under section 94B(d) applies. (2) If a person initiates a voluntary recall, the person must immediately give the EPA written notice of the recall. (3) The notice must include the following information— (a) that a voluntary recall is occurring, (b) details of the substance that is subject to the recall, (c) if the substance may pose a risk to human health or the environment—the circumstances in which the substance may pose the risk and the nature of the risk, (d) if the substance does not comply with a prescribed standard or other requirements—the nature of the non-compliance, (e) any information or advice for minimising any risk to human health or the environment posed by the substance, (f) the nature of the actions being taken by the person as part of the recall, (g) any other matters prescribed by the regulations. (4) If the EPA is given notice about a voluntary recall of a substance, the EPA must publish information about the recall on the EPA’s website. (5) A voluntary recall under this section does not prevent the EPA from issuing a recall notice to the person in relation to the same substance or matter. s 94O: Ins 2024 No 20, Sch 9[18]. Part 4.3 Prevention notices 95 Meaning of environmentally unsatisfactory manner For the purposes of this Part an activity is carried on in an environmentally unsatisfactory manner if— (a) it is carried on in contravention of, or in a manner that is likely to lead to a contravention of, this Act, the regulations or a condition attached to an environment protection licence (including a condition of a surrender of a licence) or an exemption given under this Act or the regulations, or (b) it causes, or is likely to cause, a pollution incident, or (c) it is not carried on by such practicable means as may be necessary to prevent, control or minimise pollution, the emission of any noise or the generation of waste, or (d) it is not carried on in accordance with good environmental practice. s 95: Am 2005 No 96, Sch 1 [45]. 96 Preventive action (1) Application of section This section applies when the appropriate regulatory authority reasonably suspects that an activity has been or is being carried on in an environmentally unsatisfactory manner at any premises or by any person (otherwise than at premises). (2) Prevention notices The appropriate regulatory authority may, by notice in writing, do either or both of the following— (a) direct the occupier of the premises, (b) direct the person carrying on the activity (whether or not at premises), to take such action, as is specified in the notice and within such period (if any) as is specified in the notice, to ensure that the activity is carried on in future in an environmentally satisfactory manner. (3) Examples The action to be taken may (without limitation) include any of the following— (a) installing, repairing, altering, replacing, maintaining or operating control equipment or other plant, (b) modifying, or carrying out any work on, plant, (c) ceasing to use plant or altering the way plant is used, (d) ceasing to carry on or not commencing to carry on an activity, (e) carrying on an activity in a particular manner, (f) carrying on an activity only during particular times, (g) monitoring, sampling or analysing any pollution or otherwise ascertaining the nature and extent of pollution or the risk of pollution, (h) action with respect to the transportation, collection, reception, re-use, recovery, recycling, processing, storage or disposal of any waste or other substance, (i) preparing and carrying out a plan of action to control, prevent or minimise pollution or waste, (j) reviewing the carrying out of an activity, (k) actions in relation to the recording of food donations within the meaning of Chapter 5A, (l) other actions that must be taken to comply with this Act, the regulations, a licence or an exemption given under this Act or the regulations. (3A) Water pollution considerations The appropriate regulatory authority, when determining the action to be specified in a notice relating to an activity that causes, is likely to cause or has caused water pollution, must consider— (a) the environmental values of water affected by the activity, and (b) the practical measures that could be taken to restore or maintain those environmental values, and (c) if the appropriate regulatory authority is not the EPA—any guidelines issued by the EPA to the authority relating to the exercise of functions under this section. (4) Occupier’s duty If the occupier who is given a notice is not the person carrying on the activity, the notice is taken to require the occupier to take all available steps to cause the action to be taken. (5) Reports A prevention notice may require the person to whom the notice is given to furnish reports to the appropriate regulatory authority regarding progress on carrying out the action required to be taken by the notice. s 96: Am 1999 No 80, Sch 3.6 [1]; 2001 No 56, Sch 1.14 [8]; 2005 No 96, Sch 1 [46]–[48]; 2025 No 1, Sch 1[1]. 96A Prevention notices may be given to directors and related bodies corporate (1) This section applies if — (a) the appropriate regulatory authority has given a prevention notice under section 96 (the previous prevention notice ) to a corporation in relation to an activity, and (b) the corporation has not complied with the previous prevention notice within the period specified in the notice. (2) The appropriate regulatory authority may, by written notice (the supplementary prevention notice ), direct 1 or more of the following to take the action specified in the notice within the period, if any, specified in the notice to ensure that the activity is carried on in future in an environmentally satisfactory manner— (a) a current director of the corporation, (b) a former director of the corporation, (c) a related body corporate. (3) Without limiting subsection (2), the action to be taken may include any of the actions specified in section 96(3). (4) When determining the action to be specified in the supplementary prevention notice, the appropriate regulatory authority must consider the matters specified in section 96(3A). (5) The supplementary prevention notice may require the person to whom the notice is given to provide reports to the appropriate regulatory authority about progress on the carrying out of the clean-up action. (6) A reference in subsection (2) to a director of a corporation extends to a person involved in the management of the affairs of the corporation. s 96A: Ins 2022 No 3, Sch 5[32]. 97 Offence A person who does not comply with a prevention notice given to the person is guilty of an offence. Maximum penalty— (a) in the case of a corporation—$2,000,000 and, in the case of a continuing offence, a further penalty of $240,000 for each day the offence continues, or (b) in the case of an individual—$500,000 and, in the case of a continuing offence, a further penalty of $120,000 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. s 97: Am 2005 No 96, Sch 1 [49]; 2012 No 97, Sch 1.34 [8]; 2024 No 20, Sch 9[5]–[8]. 98 Action in event of failure to comply If a person does not comply with a prevention notice given to the person, the appropriate regulatory authority may take action to cause the notice to be complied with by itself or by its employees, agents or contractors. 99 Commencement of operation of prevention notices or variations (1) A prevention notice, or a variation of a prevention 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 prevention notice or the variation of a prevention 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. s 99: Subst 1999 No 31, Sch 1.37 [6]; 2005 No 96, Sch 1 [50]. 100 Fee (1) The purpose of this section is to enable a regulatory authority to recover the administrative costs of preparing and giving prevention notices. (2) A person who is given a prevention notice by a regulatory authority must within 30 days pay the prescribed fee to the authority. (3) The regulatory authority may— (a) extend the time for payment of the fee, on the application of a person to whom subsection (2) applies, or (b) waive payment of the whole or any part of the fee, on the authority’s own initiative or on the application of a person to whom subsection (2) applies. (4) The fee is not payable during the currency of an appeal against the prevention notice. (5) If the decision of the Court on an appeal does not invalidate the prevention notice, the fee is payable within 30 days of the decision. (6) A person who does not pay the fee within the time provided under this section is guilty of an offence. Maximum penalty—200 penalty units. Note. Section 110 (5) provides that a fee is not payable for the variation of an environment protection notice under this Chapter. s 100: Am 2005 No 96, Sch 1 [51] [52]. Part 4.4 Prohibition notices 101 Prohibition on activities (1) Application of section This section applies if the EPA recommends to the Minister that a notice be given under this section because, in the EPA’s opinion, the emission or discharge of pollutants from or within a premises, or class of premises, in which an activity is carried on— (a) is causing or is likely to cause such harm to the environment, or (b) is or is likely to be so injurious to public health, or (c) is causing or is likely to cause such discomfort or inconvenience to any persons not associated with the management or operation of the activity, that the giving of the notice is warranted. (2) Notice The Minister may, by written notice, direct, for the period, if any, specified in the notice— (a) the occupier of the premises, or occupiers of a class of premises, to cease carrying on the activity, or a specified aspect of the activity, at the premises or at premises of the class of premises, or (b) direct the person, or persons of a class of persons, carrying on the activity to cease carrying on the activity, or a specified aspect of the activity, at any premises. (3) Occupier’s duty If the occupier who is given a notice is not the person carrying on the activity, the notice is taken to require the occupier to take all available steps to cause the activity to cease. (4) Further notice The Minister may give further notices on the expiry of the period of the earlier notice if the EPA recommends in accordance with this section that the further notices be given. s 101: Am 2022 No 3, Sch 5[33] [34]. 101A Prohibition notices may be given to directors and related bodies corporate (1) This section applies if — (a) the Minister has given a prohibition notice under section 101 to a corporation, and (b) the corporation has not complied with the prohibition notice. (2) If the EPA remains satisfied of the matters stated in section 101(1), the EPA may recommend to the Minister that a notice be given under this section to any of the following persons— (a) a current director of the corporation, (b) a former director of the corporation, (c) a related body corporate. (3) On the EPA’s recommendation, the Minister may, by written notice, direct the current or former director, or the related body corporate, to do 1 or more of the following— (a) cease carrying on the activity, or a specified aspect of the activity, for the period, if any, specified in the notice, (b) take all available steps to end the carrying on of the activity, or a specified aspect of the activity, for the period, if any, specified in the notice. (4) A reference in subsection (2) to a director of a corporation extends to a person involved in the management of the affairs of the corporation. s 101A: Ins 2022 No 3, Sch 5[35]. 102 Offence A person who, without reasonable excuse, does not comply with a prohibition notice given to the person is guilty of an offence. Maximum penalty— (a) in the case of a corporation—$2,000,000 and, in the case of a continuing offence, a further penalty of $240,000 for each day the offence continues, or (b) in the case of an individual—$500,000 and, in the case of a continuing offence, a further penalty of $120,000 for each day the offence continues. 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. s 102: Am 2005 No 96, Sch 1 [53]; 2012 No 97, Sch 1.34 [9]; 2024 No 20, Sch 9[5]–[8]. 103 Action in event of failure to comply If a person does not comply with a prohibition notice given to the person, the EPA may take action to cause the notice to be complied with by itself or by its employees, agents or contractors. Part 4.5 Compliance cost 104 Compliance cost notices (1) Clean-up notice—monitoring or compliance costs The appropriate regulatory authority that gives a clean-up notice to a person may, by notice in writing, require the person to pay all or any reasonable costs and expenses incurred by the authority in connection with— (a) monitoring action under the notice, and (b) ensuring that the notice is complied with, and (c) a matter associated with or incidental to a matter referred to in paragraph (a) or (b). (2) Clean-up by public authority A public authority that takes clean-up action under section 92 may, by written notice, require 1 or more of the following persons to pay all or part of the reasonable costs and expenses incurred by the public authority in connection with the clean-up action— (a) the occupier of the premises at or from which the authority reasonably suspects the pollution incident occurred, (b) a person who is reasonably suspected by the authority of having caused or contributed to the pollution incident. (3) Prevention notice—monitoring or compliance costs The appropriate regulatory authority that gives a prevention notice to a person may, by notice in writing, require the person to pay all or any reasonable costs and expenses incurred by the authority in connection with— (a) monitoring action under the notice, and (b) ensuring that the notice is complied with, and (c) a matter associated with or incidental to a matter referred to in paragraph (a) or (b). (4) Prevention notice or prohibition notice—non-compliance A regulatory authority that takes action under section 98 because a prevention notice is not complied with or takes action under section 103 because a prohibition notice is not complied with may, by notice in writing, require the person to whom the notice was given to pay all or any reasonable costs and expenses incurred by it in taking the action. (5) Without limiting subsection (1)(c) or (3)(c), the costs and expenses incurred by the appropriate regulatory authority in connection with a matter associated with or incidental to a matter referred to in subsection (1)(a) or (b) or (3)(a) or (b) include costs and expenses incurred in connection with an associated matter before the clean-up notice or prevention notice was given. Note. See also section 608 of the Local Government Act 1993 for charges for inspection of premises by a local council in the exercise of its functions as a regulatory authority. s 104: Am 2009 No 56, Sch 1.32 [1]; 2022 No 3, Sch 5[36] [37]; 2025 No 58, Sch 9[36]–[38]. 105 Recovery of amounts (1) Recovery of unpaid amounts A regulatory authority or public authority may recover any unpaid amounts specified in a compliance cost notice as a debt in a court of competent jurisdiction. (2) Recovery by person given notice If the person given a compliance cost notice complies with the notice but was not the person who caused or contributed to the pollution or pollution incident, 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 or contributed to the pollution or pollution incident. s 105: Am 2023 No 30, Sch 2.5[2]. 106 Registration of compliance cost notices in relation to land (1) If a compliance cost notice has been given by a regulatory authority or a public authority to a person, the 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. 107 Charge on land subject to compliance cost notice (1) Application of section This section applies where a compliance cost notice is registered under section 106, on the application of a regulatory authority or public authority, in relation to particular land owned by a person. (2) Creation of charge 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 regulatory authority or public authority of the amount specified in the notice. (3) When charge ceases to have effect Such a charge ceases to have effect in relation to the land— (a) on payment to the regulatory authority or public authority of the amount concerned, or (b) on the sale or other disposition of the property with the written consent of the 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) Charge is subject to existing charges and encumbrances Such a charge is subject to every charge or encumbrance to which the land was subject immediately before the notice was registered. (5) Charge not affected by change of ownership Such a charge is not affected by any change of ownership of the land, except as provided by subsection (3). (6) Registration of charge is notice 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) Removal of charge The regulations may make provision for or with respect to the removal of a charge under this section. (8) Recovery of costs relating to charge A regulatory authority or public authority that lodges or registers a compliance cost notice under section 106 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 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 regulatory authority or public authority may recover any unpaid amounts specified in the notice as a debt in a court of competent jurisdiction. s 107: Am 2005 No 96, Sch 1 [54]. Part 4.6 Miscellaneous 108 Multiple notices More than one notice under a provision of this Chapter may be given to the same person. 108A Single notice for multiple pollution incidents (1) A single notice under this chapter may be given by the EPA to a person in relation to— (a) pollution incidents that relate to— (i) multiple premises in the same or different local government areas, or (ii) the whole of the State or a part of the State, or (b) matters involving the transport, storage, supply, processing, reprocessing or disposal of a substance or waste across— (i) multiple premises in the same or different local government areas, or (ii) the whole of the State or a part of the State. (2) For subsection (1)(a), pollution incidents that relate to multiple premises, or the whole of the State or a part of the State, may be treated as 1 pollution incident. (3) To avoid doubt, the EPA may issue a single notice under this chapter even if the EPA is not the appropriate regulatory authority for all the areas, premises, activities or matters— (a) to which the pollution incidents relate, or (b) involved in the transport, storage, supply, processing, reprocessing or disposal of the substance or waste. s 108A: Ins 2024 No 20, Sch 9[19]. Am 2025 No 58, Sch 9[39]. 108B Registration of certain notices in relation to land (1) If any of the following notices have been given by a regulatory authority or public authority to a person, the regulatory authority or public authority may apply to the Registrar-General for registration of the notice in relation to the land to which the notice relates— (a) a clean-up notice, (b) a prevention notice. (2) An application under this section must define the land to which the application relates. (3) The Registrar-General must, on application under this section and lodgement of a copy of the notice to which the application relates, register the notice in relation to the land in the way the Registrar-General thinks fit. (4) If the notice relates to land under the Real Property Act 1900 , the notice must be registered under that Act. (5) A regulatory authority or public authority may apply to the Registrar-General to vary or remove the registration of a notice the regulatory authority or public authority applied to register under this section. (6) The Registrar-General may, on application under subsection (5), vary or remove the registration of a notice as the Registrar-General thinks fit. s 108B: Ins 2025 No 58, Sch 9[40]. 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. 109A Interaction of notices with proceedings for offences A notice under this chapter, including the variation of a notice under section 110, may be given to a person in relation to an activity, matter, thing or premises even though the activity, matter, thing or premises are also the subject of proceedings for an offence. s 109A: Ins 1999 No 31, Sch 1.37 [7]. Rep 2002 No 14, Sch 2 [5]. Ins 2024 No 20, Sch 9[20]. 110 Revocation or variation (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— (a) including a new term or specification in the notice, or (b) substituting, omitting or amending a term or specification in the notice. (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. s 110: Am 2005 No 96, Sch 1 [55]; 2006 No 58, Sch 1.24 [1]; 2024 No 20, Sch 9[21]. 111 Power to enter land (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. 112 Obstruction of persons A person who wilfully delays or obstructs— (a) a person who is carrying out any action in compliance with a notice under this chapter, or another person authorised by the person to carry it out, or (b) a public authority that is taking action under Part 4.2 or 4.2A, or another person authorised by the authority to carry it out, or (c) a regulatory authority that is taking action under Part 4.1A or 4.2A or 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—$2,000,000 and, in the case of a continuing offence, a further penalty of $240,000 for each day the offence continues, or (b) in the case of an individual—$500,000 and, in the case of a continuing offence, a further penalty of $120,000 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. s 112: Am 2005 No 96, Sch 1 [56]; 2012 No 97, Sch 1.34 [10]; 2024 No 20, Sch 9[5]–[8] [22]–[24]. 113 False or misleading statements in tests, environmental monitoring and reports A person who in a test, environmental monitoring or 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—$2,000,000, or (b) in the case of an individual—$500,000 or imprisonment for 18 months, or both. 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. s 113: Am 2005 No 96, Sch 1 [57]; 2012 No 97, Sch 1.34 [11]; 2022 No 3, Sch 5[38]; 2024 No 20, Sch 9[5] [7] [25] [26].