Hazardous Substances and New Organisms Act 1996

Compliance orders

104 Scope of compliance order

(1)

A compliance order may be served on any person by an enforcement officer—

(a)

requiring that person to cease, or prohibiting that person from commencing, anything done or to be done by or on behalf of that person that, in the opinion of the enforcement officer,—

(i)

contravenes or is likely to contravene this Act, any regulations, any EPA notice, or a control imposed by an approval under this Act; or

(ii)

relates to any hazardous substance or new organism and is or is likely to be dangerous, to such an extent that it has or is likely to have an adverse effect on the health and safety of people or the environment; or

(b)

requiring that person to do something that, in the opinion of the enforcement officer, is necessary to ensure that person complies with this Act, any regulations, any EPA notice, or any controls imposed by an approval granted under this Act, or is necessary to avoid, remedy, or mitigate any actual or likely adverse effects on people or the environment resulting from any breach of any regulations, any EPA notice, or any controls imposed by an approval granted under this Act—

(i)

caused by or on behalf of the person; or

(ii)

relating to any land of which the person is the owner or occupier.

(2)

A compliance order may be made subject to such conditions as are reasonable in the circumstances.

Section 104(1)(a)(i): amended, on 1 December 2017, by section 54 of the Hazardous Substances and New Organisms Amendment Act 2015 (2015 No 72).

Section 104(1)(b): amended, on 1 December 2017, by section 54 of the Hazardous Substances and New Organisms Amendment Act 2015 (2015 No 72).