Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) For section 91C (1) and section 91D (1), an appropriate person must be chosen from among the following people in the following order:
(a) a person who had principal responsibility for the contamination of the land with the substance (whether or not there were other people who had responsibility for the contamination of the land with the substance) or, if that is not practicable, the person referred to in paragraph (b);
(b) a lessee of the land (whether or not the person had any responsibility for the contamination of the land with the substance) or, if that is not practicable, the person mentioned in paragraph (c);
(c) a notional lessee of the land (whether or not the person had any responsibility for the contamination of the land with the substance).
(2) If there is more than 1 person in the category of appropriate person specified in subsection (1), the authority may, but is not required to, make more than 1 person in the category the subject of the order.
(3) For this section, the choice of a person is to be regarded as not practicable if—
(a) the authority cannot, after reasonable inquiry, ascertain the identity or location of the person; or
(b) in the opinion of the authority, the person does not have the resources to comply with the order.