Part 5A, Division 4 of EMPCA provides details on compliance with a notice. A person or company who is served with a notice must comply with it. Failure to comply with the requirements of a notice may result in enforcement action in accordance with the DPIPWE and EMPCA Enforcement Policies. Enforcement can include a formal warning, Environmental Infringement Notice (EIN) (fine) or prosecution.
Failure to comply with a notice (Section 74P) can result in fines of up to 1000 penalty units for body corporates and 500 for an individual per offence. Fines for some offences, including the failure to meet a date of submission, are considered to be recurring offence and fines can be applied accordingly. A penalty unit set by the Penalty Units and Other Penalties Amendment Bill 2011.
Other matters that should be considered by a person on who a notice has been served, or those acting for that person, are:
The owner of land on which a notice, or a copy of a notice, has been served must inform the Director in writing of any sale or other disposal of the land in accordance with Section 74Q.
A person who is required by a notice to do any work or take any action in, on or under land may enter and remain on the land with necessary vehicles and equipment if they have complied with specified notification and management requirements as defined under Section 74R.
Under Part 5A, Division 5 of EMPCA, where a person fails to comply with the requirements of a notice, the Director may do any work or take any action required by a notice and recovery the costs as a debt due, a charge on the land or by selling the land.
The Act also has provision for recovery of costs by certain persons from the polluter.