Section 126: Environmental audit

(1) The Authority or a lead agency may, where there is public interest or cause to believe that a project has or may have adverse impacts on human health or the environment- (a) carry out an environmental enforcement audit; or (b) instruct the developer to carry out an environmental compliance audit, within a specified period determined by the Authority. (2) A developer of a project listed in Schedules 5 and 10 to this Act shall undertake an environmental compliance audit in the manner prescribed by regulations. (3) Notwithstanding subsection (2), the Authority may require the developer of any project not included in Schedules 5 and 10 to this Act to undertake an environmental compliance audit. (4) Where a lead agency intends to undertake an environmental enforcement audit under subsection (1), it shall notify the Authority at least seven days before the commencement date of the audit, and submit an environmental enforcement audit report to the Authority within thirty days after completion of the audit. (5) An environmental audit carried out under subsection (1) or (2) shall consider the need to prevent harm to human health or the environment and shall take into account- (a) environment management and monitoring plans; (b) conditions stipulated in the certificate of approval of the environmental and social impact assessment; (c) conditions contained in permits, licences and other approval; and (d) any other requirements under this Act or any other applicable law. (6) A developer or operator of a project required to undertake an environmental compliance audit under subsection (2), shall- (a) submit an environmental compliance audit report to the Authority and lead agency, where applicable; and (b) undertake mitigation measures to address and rectify any non-compliance detected. (7) A developer or operator of a project required to undertake an environmental and social impact assessment under this Act, shall not substitute that assessment with an environmental audit or environmental management and monitoring plan. (8) A developer or operator who contravenes subsection (7) commits an offence and is liable, on conviction, to a fine not exceeding one hundred thousand currency points or to imprisonment for a term not exceeding fifteen years, or both.