ENVIRONMENT PROTECTION ACT 1997 - SECT 91C Order to assess whether land contaminated

ENVIRONMENT PROTECTION ACT 1997 - SECT 91C

    (1)     If the authority has reasonable grounds for believing that land is contaminated in such a way as to cause, or be likely to cause, either a significant risk of harm to human health or a significant risk of material environmental harm or serious environmental harm, or both, the authority may—

        (a)     by written notice served on the appropriate person, order the appropriate person to conduct an assessment of the land; or

        (b)     itself conduct the assessment.

Note     For how documents may be served, see the Legislation Act

, pt 19.5.

    (2)     An order under subsection (1) must —

        (a)     be in writing; and

        (b)     specify—

              (i)     the person to whom the order relates; and

              (ii)     the land to which the order relates; and

              (iii)     the period within which the assessment is to be conducted; and

              (iv)     the nature of the contamination that the authority has reasonable grounds for believing is causing, or is likely to cause, a significant risk of harm to human health or a significant risk of material environmental harm or serious environmental harm; and

              (v)     the action that the person subject to the order must take in assessing and reporting; and

              (vi)     any other requirements the authority considers appropriate having regard to the nature and extent of the contamination and the physical attributes of the land.

    (3)     The action that may be required to be taken under subsection (2) (b) (vi) includes, but is not limited to, the following:

        (a)     that the person serve notice of the order on the occupiers of land access to which is necessary for the person to carry out the assessment and, if an occupier is not the lessee of that land, serve notice on the lessee;

        (b)     that the person make progress reports to the authority on the assessment;

        (c)     that the person advertise and conduct meetings to give progress reports to the public, and to receive public comment, on the assessment.

    (4)     A person to whom an order is given under subsection (1) must—

        (a)     conduct the assessment—

              (i)     within the period specified in an order under subsection (1); and

              (ii)     in accordance with the prescribed standards and procedures for carrying out an assessment, including standards and procedures specified in a relevant national environment protection measure; and

              (iii)     otherwise in accordance with the terms of the order; and

        (b)     commission an environmental audit of the assessment by an auditor approved under section 75.

    (5)     In preparing a report of an audit for this section, the auditor commissioned to conduct the audit of the assessment must have regard to—

        (a)     the provisions of this Act; and

        (b)     the permitted and approved uses of the land to which the assessment relates; and

        (c)     the degree or extent of contamination; and

        (d)     any relevant environmental protection policies; and

        (e)     any relevant national environment protection measures.

Note     A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act

, s 104).

    (6)     For subsection (4) (b), the person to whom the order is given must submit the name of an auditor to the authority for approval within 10 working days of the date of the order.

    (7)     Despite section 75, the authority must not approve an auditor for this section unless the auditor meets the prescribed criteria.

    (8)     A person who, without reasonable excuse, contravenes subsection (4) commits an offence.

Maximum penalty: 50 penalty units.