Australian Capital Territory Repealed Acts

This legislation has been repealed.

AIR POLLUTION ACT 1984 (REPEALED) - SECT 30

        (a)     that pollutants—

              (i)     have been emitted into the air;

              (ii)     are being emitted into the air; or

              (iii)     are likely to be emitted into the air;

from premises in contravention of the requirements of this Act or the regulations; and

        (b)     that it is necessary to control the emission of those pollutants for the purpose of ensuring that the provisions of this Act and the regulations are being complied with;

an inspector may, by notice in writing given to the occupier of those premises, require the occupier to carry out the measures specified in the notice within a specified period.

(2) In deciding whether to give a pollution abatement notice and in determining the period for compliance with the notice, the inspector shall have regard to all the circumstances of the matter, including—

        (a)     any permit issued to the occupier under section 27A;

        (b)     the nature of any activity or process engaged in on the relevant premises;

        (c)     the nature of the relevant emission;

        (d)     the location of the relevant emission; and

        (e)     the nature, cost and complexity of any action required to be taken by the occupier to control the relevant emission.

(3) Where the period specified for compliance with a pollution abatement notice or any variation of that period is less than 14 days, that notice or the notice varying such period may be given to the occupier by any of the methods set out in subsection 46 (2) or (3), as the case requires, other than by sending the relevant notice by post to the occupier.

(4) A pollution abatement notice may require the occupier of the premises to do any 1 or more of the following:

        (a)     to cease to carry on or not to commence any specified process or activity on the relevant premises;

        (b)     to carry on, modify or control a specified process or activity in the manner specified in the notice;

        (c)     to supply to the inspector any plans, specifications or other information specified in the notice showing how a specified process or activity will be carried on, modified or controlled;

        (d)     to take such measures including installation, alteration, maintenance or operation of any apparatus, plant or structures, including chimneys, as may be specified in the notice;

        (e)     to provide monitoring equipment and carry out a monitoring program as specified in the notice.

Further details for inclusion in notice