(1)  If the Secretary believes, on reasonable grounds, that an operator of a landfill facility has committed an offence against this Act, the Secretary may issue a notice in writing to the operator requiring that some or all of the operations of the landfill facility be suspended.

(2)  Before issuing a notice under subsection (1) , the Secretary is to consult with the Director in respect of operations of the landfill facility the suspension of which may cause environmental harm or environmental nuisance to occur.

(3)  A notice issued under subsection (1) in relation to a landfill facility is to –

(a) specify the landfill facility to which the notice relates and the operator of the landfill facility; and

(b) specify the offence, referred to in subsection (1) , to which the notice relates; and

(c) specify the operations to be suspended in accordance with the notice; and

(d) specify the date on which the suspension takes effect; and

(e) state that the suspension will continue in effect until a revocation in accordance with this section is issued; and

(f) specify the conditions that must be met in order for a revocation in accordance with this section to be issued; and

(g) state that the operator may appeal in accordance with subsection (6) or (7) .

(4)  An operator of a landfill facility must comply with a notice issued under subsection (1) to the operator.

Penalty:  Fine not exceeding 400 penalty units or imprisonment for a term not exceeding 24 months, or both.

(5)  If an operator of a landfill facility to whom a notice has been issued under subsection (1) provides evidence that the conditions required to be met, specified in accordance with subsection (3)(f) , have been met as far as is reasonably practical, the Secretary, if satisfied with that evidence, must issue, in writing to the operator, a revocation of the suspension.

(6)  An operator of a landfill facility to whom a notice has been issued under subsection (1) may, within 14 days after the day on which the notice was issued, appeal to the Appeal Tribunal on the grounds that the conditions required to be met, specified in accordance with subsection (3)(f) , are unduly onerous.

(7)  An operator of a landfill facility to whom a notice has been issued under subsection (1) may appeal to the Appeal Tribunal on the grounds that evidence provided to the Secretary under subsection (5) ought to have been sufficient to satisfy the Secretary.

(8)  On receiving an appeal under subsection (6) or (7) in relation to a notice under subsection (1) , the Appeal Tribunal may –

(a) confirm the notice or the decision of the Secretary not to revoke the notice; or

(b) amend the conditions specified in the notice; or

(c) revoke the notice.

(9)  If a requirement of a notice under subsection (1) that some or all operations of a landfill facility under this section are suspended is inconsistent with a requirement of any other permit or authorisation in force in relation to the landfill facility, the requirement of the notice under subsection (1) prevails to the extent of the inconsistency.