Orders
Last updated on October 26, 2018Orders are written legal documents that require regulated parties to address non-compliance issues or take measures to protect human and environmental health and safety. Designated officials issue orders, requiring a person or business to follow specific instructions to prevent, alter, or stop activities or repair works that may have damaging impacts.
Orders are particularly effective for responding quickly and deterring future non-compliance. Failure to comply with an order may result in increased enforcement measures.
Use the drop down windows below to learn more about key types of orders reported in the Natural Resource Compliance and Enforcement Database:
Agricultural Land Commission Act
Section 50: Stop Work Orders
Stop Work Orders are issued in response to the contravention of the ALCA or its regulations and require the party to cease the non-compliant activity.
Section 52: Remediation Orders
Remediation Orders are issued in response to the contravention of the ALCA, its regulations, or an order. They may be issued to a non-compliant party with poor compliance history who is undertaking a prohibited activity that will cause damage to agricultural land. Remediation Orders may require that the party carry out a requirement that they failed to previously, or they may require the repair and mitigation of damage caused to agricultural land by the contravention.
Dike Maintenance Act
Section 2: Inspector of Dikes Orders
Inspector of Dikes Orders are issued for the purposes of inspections and for imposing requirements relative to the construction and maintenance of dikes. They may require the submission of records, carrying out of audits, or taking actions to ensure compliance with regulatory requirements.
Environmental Assessment Act
Section 34: Orders to Cease and Orders to Remedy
Orders to Remedy or Cease are issued in response to projects that are not being constructed, operated, modified, dismantled, abandoned, or carried out in accordance with an environmental assessment certificate. They may require the holder of the certificate to mitigate the effects of the non-compliance or to cease any non-compliant activities.
Environmental Management Act
Section 79: Spill Prevention Orders
Spill Prevention Orders are issued if it is necessary to lessen the risk of an escape or spill of a polluting substance. They may require the undertaking of investigations, tests, surveys and other actions including the preparation of contingency plans. Spill Prevention Orders may also require the construction, alteration, or acquisition of works or the carrying out of measures to prevent or abate an escape or spill of the substance.
Section 81: Pollution Prevention Orders
Pollution Prevention Orders are issued if an activity or operation is being performed in a manner that is likely to release a substance that will cause pollution. They may require the submission of information and the undertaking of investigations, tests, surveys and similar activities. Pollution Prevention Orders may also require the construction or alteration of new or existing works to prevent pollution.
Section 83: Pollution Abatement Orders
Pollution Abatement Orders are issued if an activity or operation is being performed in a manner that is causing pollution. They may require the abatement of pollution and activities associated with the abatement: including the submission of information and the undertaking of investigations, tests, surveys and similar activities. Pollution Prevention Orders may also require the construction or alteration of new or existing works to abate or stop the pollution, and that remediation efforts be undertaken.
Integrated Pest Management Act
Sections 15 and 16: Administrator's Orders
Administrator's Orders are issued in response to the use, handling, release, transport, storage or disposal of pesticides that is causing or is likely to cause adverse effects. They may require that a qualified monitor is obtained, and the assessment, repair, cleaning or decontamination of any premises, equipment or site. They may also require that the activity is ceased or performed in a particular manner.
Park Act
Section 17: Park Act Orders
Park Act Orders may require the repair, alteration, improvement, evacuation or removal of or addition to a structure or work in a park, conservancy or recreation area. They may also require that an action, omission or conduct that is dangerous to life or property or that is detrimental to the public interest in a park, conservancy or recreation area is ceased.
Water Sustainability Act
Section 47: Remediation Orders in relation to Foreign Matter in a Stream
Remediation Orders in relation to Foreign Matter in a Stream are issued in response to the unlawful introduction of refuse, waste, and other contaminants to a stream, channel, or adjacent area. They may require that the introduction of the foreign matter is ceased. They may also require the removal of the foreign matter and that remediation efforts are undertaken.
Section 60: Remediation Orders in relation to Foreign Matter in a Well
Remediation Orders in relation to Foreign Matter in a Well are issued in response to the operation of a well that is causing or that may cause adverse impacts on aquifers or streams, including the intrusion of saline groundwater or sea water. They may also be issued in response to the unlawful introduction of refuse, waste, and other contaminants to a well. The Orders may require that the introduction of foreign matter or contaminant is ceased. They may also require the removal of the foreign material or contaminant and that remediation efforts are undertaken.
Section 93: Water Sustainability Act Orders
Water Sustainability Act Orders are issued for the enforcement of the WSA, its regulations, and authorizations. They may require the construction or alteration of new or existing works and the monitoring and testing of water quality and quantity. WSA Orders may also require the mitigation of any impact to or remediation of an aquifer, groundwater, or stream.