Antinuclear

If passed, the Bill will amend

• the Contaminated Land Management Act 1997;
• the Protection of the Environment Operations Act 1997; and
• the Radiation Control Act 1990.

Bank guarantees for remediation work

The EPA will be able to require financial assurances, such as a bank guarantee or bond, as part of a management order under the Contaminated Land Management Act. The EPA can set the amount, but it cannot exceed the EPA’s reasonable estimate of the total cost of carrying out the relevant action (including EPA supervision costs).

If the person fails to carry out the required action, the EPA can then do the action itself or contract someone else to do it, and then make a claim on the financial assurance to cover its costs.

The Court can also use this mechanism in proceedings under the Contaminated Land Management Act if it orders an offender to carry out a specified work or program for the restoration or enhancement of the environment……….

New penalties, including restorative justice

For some offences under the Contaminated Land Management Act and Radiation Control Act, the Land & Environment Court will be able to order new penalties, including ordering the offender:

• to publicise the offence and its environmental and other consequences;
• to notify specified persons, such as shareholders of the offence, via the annual report or other methods;
• to carry out a specified project for the restoration or enhancement of the environment in a public place or for the public benefit; or
• to carry out any social or community activity for the benefit of the community or persons that are adversely affected by the offence (a restorative justice activity) that the offender has agreed to carry out………