Protection of the Environment Operations Act 1997

Pollution incidents—analysis of risk pt 9.3D: Ins 2011 No 63, Sch 2 [19]. 295ZB Definition In this Part— relevant person , in relation to a pollution incident, means— (a) the occupier of the premises at or from which the EPA reasonably suspects that the pollution incident occurred or is occurring, or (b) the person who is reasonably suspected by the EPA of having caused the pollution incident, or (c) the owner of the premises at or from which the EPA reasonably suspects the pollution incident occurred or is occurring, or (d) a person who contributed to the pollution incident. s 295ZB: Ins 2011 No 63, Sch 2 [19]. Am 2025 No 58, Sch 9[60]. 295ZC Conduct of health risk analysis (1) If the EPA reasonably suspects that a pollution incident has occurred or is occurring, the EPA may request that the Chief Health Officer of the Ministry of Health undertake an analysis of the risk created by that incident to the health of any person or group of persons. (2) The Chief Health Officer may undertake such an analysis. (3) If such an analysis is undertaken, the Director-General of the Ministry of Health may, by notice in writing, require any or all of the relevant persons in relation to the pollution incident to pay any or all of the reasonable costs and expenses incurred by the Chief Health Officer in connection with that analysis. (4) The Chief Health Officer may make use of the staff or facilities of the Ministry of Health, or engage agents or consultants, for the purposes of carrying out an analysis under this section. s 295ZC: Ins 2011 No 63, Sch 2 [19]. 295ZD Conduct of environmental risk analysis (1) If the EPA reasonably suspects that a pollution incident has occurred or is occurring, the EPA may undertake an analysis of— (a) the nature and extent of the pollution incident, including actual or likely harm to the environment, and (b) the actual or likely pollution resulting from the pollution incident. (2) If the EPA undertakes such an analysis, the EPA may, by notice in writing, require any or all of the relevant persons in relation to the pollution incident to pay any or all of the reasonable costs and expenses incurred by the EPA in connection with that analysis. (3) The EPA may engage agents or consultants for the purposes of carrying out an analysis under this section. s 295ZD: Ins 2011 No 63, Sch 2 [19]. 295ZE Recovery of costs of analysis (1) If the Director-General of the Ministry of Health or the EPA issues a notice requiring payment under this Part, the Director-General or the EPA, as the case requires, may recover any unpaid amount specified in the notice as a debt in a court of competent jurisdiction. (2) The reasonable costs and expenses incurred by the Chief Health Officer of the Ministry of Health or the EPA in connection with an analysis are not recoverable if the person to whom a notice has been issued under this Part establishes to the satisfaction of the court that the nature and extent of the analysis conducted by the Chief Health Officer or the EPA was not reasonably necessary to respond to the potential public health or environmental concerns arising out of the pollution incident or was not otherwise in the public interest. s 295ZE: Ins 2011 No 63, Sch 2 [19]. 295ZF Recovery from responsible persons If the person given a notice requiring payment under this Part complies with the notice but was not the person who caused the pollution incident, the amount of the payment 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 pollution incident. s 295ZF: Ins 2011 No 63, Sch 2 [19]. 295ZG General provisions A notice may be given, and action may be taken, under this Part— (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 Part 4.2 with respect to the pollution incident. s 295ZG: Ins 2011 No 63, Sch 2 [19].