Document ID: chunk:federal_register_of_legislation:C2021A00073:clause:4_38a
Version: federal_register_of_legislation:C2021A00073
Segment Type: clause
Provision Reference: sch 4 cl 38A
Character Range: 93963–94908

38A  Orders to remedy or mitigate damage if order under section 34, 35, 35A or 38 not complied with
 (1) If:
 (a) the person has been given an order under section 34, 35, 35A or 38 requiring the person:
 (i) to deal with hazardous waste in a specified way; or
 (ii) to deal with hazardous waste by a specified time; and
 (b) the person does an act or omits to do an act; and
 (c) the act or omission contravenes the requirement; and
 (d) the Minister is satisfied that the non‑compliance with the requirement resulted in the waste causing significant injury or damage to human beings or the environment;
the Minister may, in writing, order the person to take such steps as the Minister thinks proper to remedy or mitigate the damage.
Note: A requirement to deal with hazardous waste in a specified way includes a requirement to import or export the waste.
 (2) The Minister must not, under subsection (1), order the person to pay compensation.