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New South Wales
Contaminated Land Management
Amendment Bill 2008
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Contaminated Land Management Act 1997
No 140 2
4 Amendment of instruments 2
5 Repeal of Act 2
Schedule 1 Amendment of Contaminated Land Management Act 1997 3
Schedule 2 Amendment of instruments 45
b2004-048-31.d28
New South Wales
Contaminated Land Management
Amendment Bill 2008
No , 2008
A Bill for
An Act to amend the Contaminated Land Management Act 1997 to promote the
better management of contaminated land and to amend certain other instruments; and
for other purposes.
Clause 1 Contaminated Land Management Amendment Bill 2008
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Contaminated Land Management Amendment Act 2008. 3
2 Commencement 4
(1) This Act commences on a day or days to be appointed by proclamation 5
except as provided by subsection (2). 6
(2) Schedule 1 [5], [10], [13], [27], [29][31], [34], [36], [37], [40], [42], 7
[44], [45], [48][55] and [57][61] commence on the date of assent to 8
this Act. 9
3 Amendment of Contaminated Land Management Act 1997 No 140 10
The Contaminated Land Management Act 1997 is amended as set out in 11
Schedule 1. 12
4 Amendment of instruments 13
Each instrument specified in Schedule 2 is amended as set out in that 14
Schedule. 15
5 Repeal of Act 16
(1) This Act is repealed on the day following the day on which all of the 17
provisions of this Act have commenced. 18
(2) The repeal of this Act does not, because of the operation of section 30 19
of the Interpretation Act 1987, affect any amendment made by this Act. 20
Page 2
Contaminated Land Management Amendment Bill 2008
Amendment of Contaminated Land Management Act 1997 Schedule 1
Schedule 1 Amendment of Contaminated Land 1
Management Act 1997 2
(Section 3) 3
[1] Section 3 Objects of this Act 4
Omit "areas where contamination presents a significant risk of harm to human 5
health or some other aspect of the environment" from section 3 (1). 6
Insert instead "that the EPA considers to be contaminated significantly enough 7
to require regulation under Division 2 of Part 3". 8
[2] Section 3 (2) (a) 9
Omit "a significant risk of harm is identified". 10
Insert instead "the EPA considers the contamination is significant enough to 11
require regulation under Division 2 of Part 3". 12
[3] Section 3 (2) (b) 13
Omit ", remediation". 14
[4] Section 4 Definitions 15
Omit the definitions of appropriate person, Director-General, interested 16
person or person interested, investigation area, investigation order, notional 17
owner, remediation order and remediation site. 18
Insert in alphabetical order: 19
appropriate person means a person specified in accordance with 20
section 13 as a person who is to be the subject of a management 21
order. 22
approved use of land means a use to which the subject land may 23
be put without approval or development consent under Part 3A or 24
4 of the Environmental Planning and Assessment Act 1979. 25
approved voluntary management proposal means a voluntary 26
management proposal that has been approved by the EPA under 27
section 17, as modified by any conditions imposed by the EPA 28
under that section. 29
costs include expenses. 30
Department means the Department of Environment and Climate 31
Change. 32
Director-General means the Director-General of the 33
Department. 34
interested person means, in relation to land, a person referred to 35
in section 13 (2) (a), (b) or (c). 36
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Contaminated Land Management Amendment Bill 2008
Schedule 1 Amendment of Contaminated Land Management Act 1997
management of land or of contamination of land means 1
management in relation to the actual or possible contamination of 2
the land, including investigation into the existence, nature and 3
extent of contamination of the land and remediation of 4
contaminated land. 5
management order means an order under section 14 (1). 6
notional owner--see section 7. 7
ongoing maintenance order means an order under section 28 (2). 8
preliminary investigation order means an order under section 10 9
(1). 10
significant contaminant and significant contamination--see 11
section 11 (3). 12
significantly contaminated land means land described in a 13
notice having effect under section 11. 14
site audit means a review: 15
(a) that relates to management (whether under this Act or 16
otherwise) of the actual or possible contamination of land, 17
and 18
(b) that is conducted for the purpose of determining any one or 19
more of the following matters: 20
(i) the nature and extent of any contamination of the 21
land, 22
(ii) the nature and extent of any management of actual 23
or possible contamination of the land, 24
(iii) whether the land is suitable for any specified use or 25
range of uses, 26
(iv) what management remains necessary before the 27
land is suitable for any specified use or range of 28
uses, 29
(v) the suitability and appropriateness of a plan of 30
management, long-term management plan or a 31
voluntary management proposal. 32
site audit report means a site audit report prepared by a site 33
auditor in accordance with Part 4. 34
site audit statement means a site audit statement prepared by a 35
site auditor in accordance with Part 4. 36
site auditor means a person for the time being accredited under 37
Part 4 as a site auditor. 38
voluntary management proposal--see section 17 (1). 39
Page 4
Contaminated Land Management Amendment Bill 2008
Amendment of Contaminated Land Management Act 1997 Schedule 1
[5] Section 4 (2) and (3) 1
Insert at the end of section 4: 2
(2) The power of the EPA to order a person to take specified action 3
under Part 3 includes a power to order the person to refrain from 4
taking specified action. 5
(3) Notes included in this Act do not form part of this Act. 6
[6] Sections 69 7
Omit Part 2. Insert instead: 8
6 Responsibility for contamination of land 9
(1) For the purposes of this Act, a person is responsible for 10
contamination of land (whether or not the contamination is 11
significant contamination) if any one or more of the following is 12
true: 13
(a) the person caused the contamination of the land (whether 14
or not any other person also caused the contamination of 15
the land), 16
(b) the contamination occurred because an act or activity of 17
the person resulted in the conversion of a substance that 18
did not cause contamination of the land into a substance 19
that did cause contamination of the land, 20
(c) the person is the owner or occupier of the land and the 21
person knew or ought reasonably to have known that 22
contamination of the land would occur and the person 23
failed to take reasonable steps to prevent the 24
contamination, 25
(d) the person carried on activities on the land that generate or 26
consume: 27
(i) the same substances as those that caused the 28
contamination, or 29
(ii) substances that may be converted, by reacting with 30
each other or by the action of natural processes on 31
the land, into substances that are the same as those 32
that caused the contamination, 33
unless it is established that the contamination was not 34
caused by the person. 35
(2) For the purposes of this Act, a person is also responsible for 36
significant contamination of land if either or both of the 37
following is true: 38
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Contaminated Land Management Amendment Bill 2008
Schedule 1 Amendment of Contaminated Land Management Act 1997
(a) the significant contamination occurred because an act or 1
activity of the person resulted in a change in some 2
pre-existing contamination of the land so that the 3
contamination of the land became significant 4
contamination, 5
(b) the significant contamination occurred because an act or 6
activity of the person resulted in a change in the approved 7
use of the land and the consequent increase in the risk of 8
harm caused the EPA to identify the land as significantly 9
contaminated land (even if the contamination itself did not 10
change). 11
(3) In determining whether a person is responsible for contamination 12
of land, it is irrelevant that the contamination did not arise 13
contemporaneously with the act, activity or omission of the 14
person that ultimately was responsible for (or is taken to be 15
responsible for) the contamination of the land. 16
(4) An act referred to in subsection (2) (b) includes the making of an 17
application for an approval under Part 3A, or for development 18
consent under Part 4, of the Environmental Planning and 19
Assessment Act 1979. 20
(5) A public authority or Minister does not become a person referred 21
to in subsection (2) (b) merely by giving an approval or consent, 22
or concurring in the giving of consent under the Environmental 23
Planning and Assessment Act 1979. 24
(6) A person who is responsible for contamination continues to be 25
responsible for that contamination under this Act whether or not 26
the person has entered a contract or other arrangement that 27
provides for some other person to be responsible for the 28
contamination or for any harm caused by the contamination. 29
7 Concept of notional owner 30
(1) For the purposes of this Act, a notional owner of land is a person 31
who is a mortgagee in possession of the land or who has a vested 32
interest with respect to the land: 33
(a) that carries an entitlement to have a freehold interest in the 34
land vested in the person, or 35
(b) that enables the person to dispose of or otherwise deal with 36
a freehold interest in the land, 37
so that the person is able to benefit from the value of the land, or 38
a substantial portion of it, by such vesting, disposal or dealing. 39
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Amendment of Contaminated Land Management Act 1997 Schedule 1
(2) Despite subsection (1), a person is not a notional owner of land: 1
(a) if the person, not being a mortgagee in possession of the 2
land, is the owner of the land or is the Crown or a person 3
or body representing the Crown, or 4
(b) merely because the person has a security (such as a 5
mortgage, charge or lien) over the land, or 6
(c) merely because the person is a legal personal 7
representative of a person who was an owner of the land 8
immediately before the person's death or the appointment 9
of the representative took effect, or 10
(d) merely because the person is the Public Trustee and the 11
land is deemed to be vested in the Public Trustee by the 12
operation of section 61 of the Probate and Administration 13
Act 1898, or 14
(e) if the person would otherwise be a notional owner of land, 15
but: 16
(i) the person has some security over the land, and 17
(ii) the person (or a financial controller appointed by the 18
person) has entered into a contract to sell the land 19
for the purpose of realising part or all of the value of 20
the land in order to discharge the obligation so 21
secured. 22
(3) In subsection (2) (e) (ii), financial controller means a receiver, 23
manager or other person who has possession or control of land for 24
the purpose of realising part or all of the value of the land in order 25
to discharge an obligation secured over the land. 26
8 General functions of EPA 27
(1) It is the duty of the EPA to do the following in a manner and to 28
an extent reasonable in the circumstances: 29
(a) examine, and respond to, information that it receives of 30
actual or possible contamination of land, 31
(b) address any contamination that the EPA considers to be 32
significant enough to require regulation under Division 2 33
of Part 3, 34
(c) record what it has done under paragraphs (a) and (b) and 35
the reasons for it. 36
(2) It is the duty of the EPA to respond to a person (other than the 37
EPA or an authorised officer) who has furnished information 38
referred to in subsection (1). The response must: 39
(a) be made in a reasonable time, and 40
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Contaminated Land Management Amendment Bill 2008
Schedule 1 Amendment of Contaminated Land Management Act 1997
(b) state what the EPA has done in relation to the information 1
and the reasons for doing it, and 2
(c) be in writing if the information was in writing. 3
(3) In addition to any functions the EPA has under this or any other 4
Act, the EPA may take such reasonable steps as it considers 5
necessary in relation to investigating or managing contamination 6
of land (including significantly contaminated land) or the threat 7
of harm from any such contamination. 8
9 Need to maintain ecologically sustainable development 9
(1) The EPA is to have regard to the principles of ecologically 10
sustainable development in the exercise of its functions under this 11
Act and is to seek the implementation of those principles in the 12
management by other persons of contaminated land. 13
(2) In this section, ecologically sustainable development and the 14
principles and programs that relate to it are to be construed 15
according to their meanings in the statements of principle set out 16
in subsection (3) (the principles of ecologically sustainable 17
development). 18
(3) Ecologically sustainable development requires the effective 19
integration of economic and environmental considerations in 20
decision-making processes. Ecologically sustainable 21
development can be achieved through the implementation of the 22
following principles and programs: 23
(a) the precautionary principle--namely, that if there are 24
threats of serious or irreversible environmental damage, 25
lack of full scientific certainty should not be used as a 26
reason for postponing measures to prevent environmental 27
degradation. In the application of the precautionary 28
principle, public and private decisions should be guided 29
by: 30
(i) careful evaluation to avoid, wherever practicable, 31
serious or irreversible damage to the environment, 32
and 33
(ii) an assessment of the risk-weighted consequences of 34
various options, 35
(b) inter-generational equity--namely, that the present 36
generation should ensure that the health, diversity and 37
productivity of the environment are maintained or 38
enhanced for the benefit of future generations, 39
(c) conservation of biological diversity and ecological 40
integrity--namely, that conservation of biological 41
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Contaminated Land Management Amendment Bill 2008
Amendment of Contaminated Land Management Act 1997 Schedule 1
diversity and ecological integrity should be a fundamental 1
consideration, 2
(d) improved valuation, pricing and incentive mechanisms-- 3
namely, that environmental factors should be included in 4
the valuation of assets and services, such as: 5
(i) polluter pays--that is, those who generate pollution 6
and waste should bear the cost of containment, 7
avoidance or abatement, 8
(ii) the users of goods and services should pay prices 9
based on the full life cycle of costs of providing 10
goods and services, including the use of natural 11
resources and assets and the ultimate disposal of any 12
waste, 13
(iii) environmental goals, having been established, 14
should be pursued in the most cost effective way, by 15
establishing incentive structures, including market 16
mechanisms, that enable those best placed to 17
maximise benefits or minimise costs to develop 18
their own solutions and responses to environmental 19
problems. 20
[7] Part 3, heading 21
Omit the heading. Insert instead: 22
Part 3 Management of contaminated land 23
[8] Part 3, Divisions 1 and 2 24
Omit the Divisions. Insert instead: 25
Division 1 Preliminary investigation of land 26
10 Preliminary investigation orders 27
(1) The EPA may, by order in writing served on a person, direct the 28
person to conduct a preliminary investigation of land specified in 29
the order (the specified land) within the time specified in the 30
order to: 31
(a) investigate whether the land is contaminated with the 32
substances specified in the order (the specified 33
substances) being the substances that the EPA reasonably 34
suspects contaminate the specified land, and 35
(b) investigate the nature and extent of any such 36
contamination, and 37
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Contaminated Land Management Amendment Bill 2008
Schedule 1 Amendment of Contaminated Land Management Act 1997
(c) provide to the EPA such information with respect to the 1
investigation as it may require. 2
(2) A substance may be specified in a preliminary investigation order 3
by reference to a chemical group of related substances if the EPA 4
reasonably suspects that the specified land is contaminated with 5
one or more of the substances in that group. In such a case each 6
substance in that group is taken to be a specified substance for the 7
purposes of this section. 8
(3) A preliminary investigation order may be served on any one or 9
more of the following persons: 10
(a) a person who the EPA reasonably suspects may have been 11
responsible for contamination of the land with the 12
specified substance, 13
(b) an owner of the specified land, 14
(c) a notional owner of the specified land, 15
(d) a person who carried on activities on the specified land, but 16
only if the activities are of the sort that: 17
(i) generate or consume the same substance as a 18
specified substance, or 19
(ii) generate or consume substances that may be 20
converted by reacting with each other or by the 21
action of natural processes on the land into the same 22
substance as any of the specified substances, 23
(e) a public authority. 24
(4) In the application of Divisions 57 to a preliminary investigation 25
order, any reference in those Divisions: 26
(a) to significantly contaminated land is taken to be a 27
reference to the specified land, and 28
(b) to an appropriate person is taken to be a reference to a 29
person on whom a preliminary investigation order may be 30
served. 31
(5) A person (other than a public authority that is not a person 32
referred to in subsection (3) (a)(d)) must not, without reasonable 33
excuse, fail to comply with a preliminary investigation order. 34
Maximum penalty: 35
(a) in the case of a corporation--625 penalty units and, in the 36
case of a continuing offence, a further penalty of 300 37
penalty units for each day the offence continues, or 38
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Contaminated Land Management Amendment Bill 2008
Amendment of Contaminated Land Management Act 1997 Schedule 1
(b) in the case of an individual--300 penalty units and, in the 1
case of a continuing offence, a further penalty of 150 2
penalty units for each day the offence continues. 3
(6) Without limiting subsection (5), a person has a reasonable excuse 4
if the person was unable to enter land because of the refusal of 5
access to the land by its occupier in circumstances where entry to 6
that land was essential to enable the person to comply with the 7
relevant part of the preliminary investigation order. 8
Division 2 Regulation of significantly contaminated 9
land 10
11 Declaring land to be significantly contaminated land 11
(1) If the EPA has reason to believe that land is contaminated and 12
that the contamination is significant enough to warrant regulation 13
under this Division, the EPA may declare the land to be 14
significantly contaminated land. 15
(2) The declaration is to be made by notice published in the Gazette 16
that: 17
(a) describes with reasonable particularity the land that is to be 18
significantly contaminated land, and 19
(b) specifies the substances that the EPA has reason to believe 20
contaminate the land in such a way as to warrant regulation 21
under this Division, and 22
(c) states the harm that the EPA has reason to believe has 23
been, or may be, caused by the substances, and 24
(d) advises that declaring the land to be significantly 25
contaminated land does not prevent the carrying out of 26
voluntary management of the land by any person, and 27
(e) advises that any person may, within a period (not being 28
less than 21 days) specified in the notice, make 29
submissions to the EPA on whether the EPA should serve 30
a management order in relation to the land or on any other 31
matter concerning the land. 32
(3) Each substance that is specified in the notice under this section is 33
a significant contaminant and the actual or possible 34
contamination of the land by the significant contaminant is 35
significant contamination. 36
(4) The EPA is to serve a copy of the notice on: 37
(a) the owner of the land (or, if the EPA does not know the 38
identity or address of the owner, the notional owner of the 39
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Contaminated Land Management Amendment Bill 2008
Schedule 1 Amendment of Contaminated Land Management Act 1997
land, if any, whose identity and address are known to the 1
EPA), and 2
(b) those persons (whose identities and addresses are known to 3
the EPA) who the EPA has reason to believe are 4
responsible for significant contamination of the land, and 5
(c) the occupier of the land, and 6
(d) the local authority in relation to the land, and 7
(e) if the EPA has reason to believe that a significant 8
contaminant of land originates from the use of a cattle dip 9
site on the land in relation to a treatment ordered under the 10
Stock Diseases Act 1923--the Director-General of the 11
Department of Primary Industries. 12
(5) The EPA is to publish a policy on the Department's website on 13
the Internet setting out how it intends to notify the public about: 14
(a) land that it has declared to be significantly contaminated 15
land, and 16
(b) land that has ceased to be significantly contaminated land, 17
and it is to notify the public in accordance with that policy. 18
However, failure to comply with this subsection does not 19
invalidate any notice under this section. 20
12 Matters to be considered before declaring land to be significantly 21
contaminated land 22
(1) Before declaring land to be significantly contaminated land under 23
section 11, the EPA is to take into account any relevant 24
guidelines and each of the following matters with respect to the 25
substances that the EPA believes cause the land to be 26
contaminated: 27
(a) whether the substances have already caused harm (for 28
example in the form of toxic effects on plant or animal 29
life), 30
(b) whether the substances are toxic, persistent or 31
bioaccumulative or are present in large quantities or high 32
concentrations or occur in combinations, 33
(c) whether there are exposure pathways available to the 34
substances (that is, the routes whereby the substances may 35
proceed from the source of the contamination to human 36
beings or other aspects of the environment), 37
(d) whether the uses to which the land and land adjoining it are 38
currently being put are such as to increase the risk of harm 39
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Contaminated Land Management Amendment Bill 2008
Amendment of Contaminated Land Management Act 1997 Schedule 1
from the substances (for example, use for child care, 1
dwellings or domestic food production), 2
(e) whether the approved uses of the land and land adjoining 3
it are such as to increase the risk of harm from the 4
substances, 5
(f) whether the substances have migrated or are likely to 6
migrate from the land (whether because of the nature of the 7
substances or because of the nature of the land). 8
(2) The EPA may declare land to be significantly contaminated land 9
under section 11 even if the possible harm could come into 10
existence only in certain circumstances of occupation or use of 11
the land and those circumstances do not exist at that time. 12
However, the circumstances must be reasonably foreseeable, and 13
consistent with the approved use of the land, at that time. 14
13 Choice of appropriate person to be made subject to management 15
order 16
(1) If the EPA makes a management order in respect of significantly 17
contaminated land, the order must specify one or more 18
appropriate persons (or public authorities that are not appropriate 19
persons) as the subject of the management order. 20
(2) The EPA is to choose the appropriate persons from among the 21
following persons: 22
(a) a person who is responsible for significant contamination 23
of the land (whether or not there may be other persons who 24
are also responsible), 25
(b) an owner of the land (whether or not the person is 26
responsible for contamination of the land), 27
(c) a notional owner of the land (whether or not the person is 28
responsible for contamination of the land). 29
(3) In determining the appropriate persons, the EPA is, as far as 30
practicable, to specify a person referred to in subsection (2) (a) 31
over a person referred to in subsection (2) (b) or (c) and to specify 32
a person referred to in subsection (2) (b) over a person referred to 33
in subsection (2) (c). 34
(4) For the purposes of this section, it is not practicable to specify a 35
person if: 36
(a) there is no such person, or 37
(b) the EPA cannot, after reasonable inquiry, find out the 38
identity or location of the person, or 39
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Schedule 1 Amendment of Contaminated Land Management Act 1997
(c) the person, in the opinion of the EPA, is unable to pay the 1
person's debts or would, if the person took steps to comply 2
with the management order, become unable to pay the 3
person's debts. 4
(5) Despite subsection (2), in the case where a significant 5
contaminant of the land originates from the use of a cattle dip site 6
on the land in relation to a treatment ordered under the Stock 7
Diseases Act 1923, the appropriate person is: 8
(a) except in the case referred to in paragraph (b)--the 9
Director-General of the Department of Primary Industries, 10
or 11
(b) if a person is responsible for significant contamination of 12
the land (whether or not there are other persons who are 13
responsible for such contamination of the land) because of 14
the operation of section 6 (2) (b)--that person. 15
(6) Any public authority may be specified as the subject of a 16
management order whether or not as an appropriate person. 17
Note. A person (including a public authority) who takes action 18
concerning land may have rights of recovery against any relevant 19
contaminator of the land--see Division 6. 20
14 Management orders 21
(1) The EPA may, by order in writing served on a person who is an 22
appropriate person or a public authority, direct the person to do 23
one or both of the following in relation to significantly 24
contaminated land, within such reasonable time as is specified in 25
the order: 26
(a) carry out any action in relation to the management of the 27
land that may be specified in the order in accordance with 28
this Division, 29
(b) submit for the EPA's approval a plan of management of 30
the land (a plan of management). 31
(2) The EPA must serve a copy of the management order on each of 32
the following persons in addition to any person on whom the 33
management order has been served under subsection (1): 34
(a) the owner of the land (or, if the EPA does not know the 35
identity or address of the owner, any notional owner of the 36
land whose identity and address are known to the EPA), 37
and 38
(b) those persons (whose identities and addresses are known to 39
the EPA) who the EPA has reason to believe may be 40
responsible for the significant contamination of the land. 41
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Amendment of Contaminated Land Management Act 1997 Schedule 1
(3) A management order may adopt, with or without modification, a 1
plan of management submitted in accordance with a previous 2
management order or, at the discretion of the EPA, a plan 3
recommended by the EPA or submitted by a site auditor. 4
(4) The EPA must not serve a management order on a person unless 5
it has considered any submissions it has received in accordance 6
with section 11 (2) (e) as to whether the management order 7
should be made. 8
(5) Despite subsection (4), the EPA may serve a management order 9
on a person at any time if it considers that it is in the public 10
interest to do so. 11
(6) A person (other than a public authority that is not an interested 12
person with respect to the relevant land) served with a 13
management order must not, without reasonable excuse, fail to 14
comply with the order. 15
Maximum penalty: 16
(a) in the case of a corporation--1,250 penalty units and, in 17
the case of a continuing offence, a further penalty of 600 18
penalty units for each day the offence continues, or 19
(b) in the case of an individual--600 penalty units and, in the 20
case of a continuing offence, a further penalty of 300 21
penalty units for each day the offence continues. 22
(7) Without limiting subsection (6), a person has a reasonable excuse 23
if the person was unable to enter land because of the refusal of 24
access to the land by its occupier in circumstances where entry to 25
that land was essential to enable the person to comply with the 26
relevant part of the management order. 27
(8) If land ceases to be significantly contaminated land, all 28
management orders in force in relation to the land cease to have 29
effect. 30
15 Details of management order 31
(1) A management order must specify the following matters: 32
(a) the significantly contaminated land to which it applies, 33
(b) the nature of the significant contamination (and the nature 34
of any harm that has been or may be caused) that the EPA 35
believes may affect the land, 36
(c) the action that the person subject to the management order 37
must take, 38
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Schedule 1 Amendment of Contaminated Land Management Act 1997
(d) a reasonable period for taking that action, 1
(e) any other matter prescribed by the regulations. 2
(2) The period for taking action must exceed by a reasonable amount 3
the period for lodging an appeal against the management order, 4
except if the EPA considers that the nature of the harm or possible 5
harm presented by the contamination is so serious that, in the 6
public interest, action during the period for lodging an appeal is 7
necessary. 8
Note. Part 6 provides for appeals. 9
(3) A management order does not confer power on the person subject 10
to it to enter or do anything on land, for the purposes of giving 11
effect to the management order, without the consent of the 12
occupier of the land. 13
16 Actions that may be required by management order 14
Without limiting section 14 or 15, a management order may 15
require a person who is subject to the order to do any one or more 16
of the following: 17
(a) to investigate the existence, nature and extent of any 18
significant contamination of the significantly 19
contaminated land to which the order relates, 20
(b) to investigate the nature and extent of any harm that has 21
been or may be caused by the significant contamination of 22
the land, 23
(c) to investigate the most appropriate means for undertaking 24
remediation of the land, 25
(d) to carry out remediation of the land, 26
(e) to monitor the effectiveness of any remediation or the risk 27
of harm presented by the significant contamination of the 28
land, 29
(f) to erect a fence, wall, bund or other barrier in a specified 30
place on the land, 31
(g) to treat, store or contain on the land, or remove from the 32
land and treat or dispose of, any solid or liquid materials 33
including any soil, sand, rock or water, 34
(h) to vacate, or cease to carry on any activity on, the land or 35
any part of it, 36
(i) to display on the land any specified sign or notice, 37
(j) to refrain from disturbing or further disturbing the land in 38
a specified manner or below a specified depth, 39
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Amendment of Contaminated Land Management Act 1997 Schedule 1
(k) to enter any specified land (which may, but need not, be 1
the significantly contaminated land) in order to carry out 2
the management order, 3
(l) to serve notice of the management order on those persons 4
who occupy land, access to which is necessary for the 5
person to carry out the management order, 6
(m) to have specified actions audited by a site auditor under 7
Part 4, 8
(n) to make progress reports to the EPA, 9
(o) if the person finds that groundwater is contaminated, to 10
report that fact to the Minister administering the Water 11
Management Act 2000, 12
(p) to make available for inspection by any person, free of 13
charge, a report on the action taken under the management 14
order, or the plan of management, and provide a copy of 15
such a report or plan to any person for a reasonable fee, 16
(q) to advertise and conduct meetings for the public to receive 17
progress reports, and to make comments, on the action 18
taken under the management order or on the plan of 19
management, 20
(r) to inform the EPA of any change in the ownership or 21
occupancy of the land, to the extent that the person is 22
aware of the change. 23
17 Voluntary management proposals 24
(1) This section applies where one or more persons furnish the EPA 25
with a proposal for the management of significantly 26
contaminated land (a voluntary management proposal). 27
(2) The EPA may approve a voluntary management proposal in 28
respect of one or more of the parties to the proposal (an approved 29
party). 30
(3) The EPA may approve a voluntary management proposal 31
unconditionally or subject to conditions by notice in writing 32
served on each approved party. 33
(4) The EPA must not approve a voluntary management proposal 34
unless it is satisfied that: 35
(a) the terms of the voluntary management proposal, as 36
modified by any conditions to be imposed by the EPA, are 37
appropriate (including any plan of management, provision 38
for giving notice and terms setting out a timetable or 39
requiring progress reports), and 40
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(b) the parties to the proposal have taken all reasonable steps 1
to identify and find every owner and notional owner of the 2
land and every person responsible for significant 3
contamination of the land, and 4
(c) the parties to the proposal have given those persons 5
identified and found a reasonable opportunity to 6
participate in the formulation and carrying out of the 7
proposal on reasonable terms. 8
(5) Despite subsection (4), the EPA may approve a voluntary 9
management proposal even if it is not satisfied as to the matters 10
set out in subsection (4) (b) and (c), but only if the EPA makes it 11
a condition of its approval that the parties to the proposal cannot 12
recover contributions under Division 6. 13
(6) The EPA may serve a management order in relation to 14
significantly contaminated land that is the subject of an approved 15
voluntary management proposal but only on: 16
(a) an appropriate person or public authority who is not an 17
approved party to the proposal, or 18
(b) an appropriate person or public authority who is an 19
approved party to the proposal, if in the opinion of the 20
EPA: 21
(i) the terms of the approved proposal are not carried 22
out, or 23
(ii) the management order relates to a matter that is not 24
adequately addressed by the proposal, or 25
(iii) its approval to the proposal was given on the basis 26
of false or misleading information. 27
(7) A proposal ceases to be an approved voluntary management 28
proposal: 29
(a) if the EPA by notice in writing served on each approved 30
party: 31
(i) specifies that it is satisfied that the terms of the 32
voluntary management proposal have all been 33
carried out, or 34
(ii) withdraws at any time its approval of the voluntary 35
management proposal, and 36
(b) at the time specified in the notice, or if no time is specified, 37
at the time the notice is served on each approved party. 38
(8) If a proposal (other than a proposal referred to in subsection (5)) 39
ceases to be an approved voluntary management proposal, the 40
approved parties may recover contributions for carrying out 41
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Amendment of Contaminated Land Management Act 1997 Schedule 1
requirements under the approved voluntary management 1
proposal in accordance with Division 6 as if the requirements had 2
been carried out under a management order. 3
[9] Part 3, Divisions 37 4
Omit the Divisions. Insert instead: 5
Division 3 Ongoing maintenance of management action 6
28 Ongoing maintenance orders 7
(1) This section applies to land that has been the subject of a 8
management order or an approved voluntary management 9
proposal (whether or not the land is significantly contaminated 10
land). 11
(2) The EPA may, by order in writing served on a person who is an 12
owner or occupier of land to which this section applies, direct the 13
person to do one or more of the following in relation to the land, 14
commencing within such reasonable time as may be specified in 15
the order: 16
(a) to carry out any ongoing management of the land that is 17
specified in the order, 18
(b) to provide reports to the EPA or any other specified person 19
at specified periods or on the occurrence of any specified 20
event, 21
(c) to inform the EPA of any change in the ownership or 22
occupancy of the land, to the extent that the person is 23
aware of the change, 24
(d) to not carry out specified activities on the land and to not 25
permit other persons to carry out any such activities on the 26
land, 27
(e) to not use the land for specified purposes and to not permit 28
other persons to use the land for those purposes, 29
(f) to carry out any other requirement in relation to the 30
ongoing monitoring and maintenance of the land that is 31
prescribed by the regulations. 32
(3) An ongoing maintenance order is to specify when it ceases to 33
have effect by reference to: 34
(a) the end of a specified period, or 35
(b) the occurrence of a specified event or set of circumstances, 36
or 37
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(c) such time as the person served with the order ceases to be 1
the owner or occupier (as the case requires) of the land. 2
(4) A person must comply with an ongoing maintenance order that is 3
served on the person. 4
Maximum penalty: 5
(a) in the case of a corporation--600 penalty units, or 6
(b) in the case of an individual--300 penalty units. 7
29 Ongoing maintenance--restrictions and covenants 8
(1) This section applies to land that is not vested in the EPA and that 9
has been the subject of a management order or an approved 10
voluntary management proposal. 11
(2) The EPA may, under section 88E of the Conveyancing Act 1919, 12
impose restrictions on the use of, or impose public positive 13
covenants on, any land to which this section applies for the 14
purpose of the ongoing management of the land and may release 15
or vary any such restriction or covenant. 16
(3) A public positive covenant or restriction imposed under this 17
section may require any owner (for the time being) of the land to 18
do one or more of the following in relation to the land: 19
(a) to carry out any ongoing management of the land that is 20
specified, 21
(b) to provide reports to the EPA or any other specified person 22
at specified periods or on the occurrence of any specified 23
event, 24
(c) to inform the EPA of any change in the ownership or 25
occupancy of the land, to the extent that the person is 26
aware of the change, 27
(d) to not carry out specified activities on the land and to not 28
permit other persons to carry out any such activities on the 29
land, 30
(e) to not use the land for specified purposes and to not permit 31
other persons to use the land for those purposes, 32
(f) to carry out any other requirement in relation to the 33
ongoing monitoring and maintenance of the land that is 34
prescribed by the regulations. 35
(4) Despite section 88E of the Conveyancing Act 1919: 36
(a) the memorandum or deed by which the restriction or 37
covenant referred to in subsection (2) is imposed, released 38
or varied: 39
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(i) need be executed only by the EPA and not by any 1
other person, and 2
(ii) does not require the agreement of any other person, 3
and 4
(b) where a restriction or public positive covenant referred to 5
in subsection (2) takes effect, the EPA may enforce it 6
against any person. 7
Division 4 Action by public authority 8
30 Public authority may step in if person fails to act 9
If a person fails to comply with any requirement of an order under 10
this Part, the EPA may carry out the requirement or may, by 11
notice in writing, order another public authority to carry out that 12
requirement. 13
31 Duty of public authority 14
(1) A public authority that is subject to an order under this Part 15
(whether or not as an appropriate person and whether or not 16
because of the failure of a person to comply with an order under 17
this Part) must comply with that order. 18
(2) A public authority may carry out any requirement of an order 19
under this Part by itself or its employees or by agents or 20
contractors. 21
Division 5 Entry on land 22
32 Refusal of entry on land 23
(1) An order under this Part does not confer any power to enter land, 24
remain on land or do anything on land, without the permission of 25
the occupier of the land. 26
(2) However, if the occupier withholds or withdraws that permission, 27
the EPA may revoke or suspend the order and instead make an 28
order to which the occupier is subject as if the occupier were the 29
appropriate person. 30
(3) If the occupier carries out the requirements of an order, the 31
occupier may recover costs in accordance with Division 6 as if 32
the occupier was the appropriate person. 33
33 Liability for losses 34
(1) A person who (with the permission of the occupier) enters any 35
land, or does anything else on land, as required by an order under 36
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this Part, is liable (except as prescribed by the regulations) to the 1
occupier of the land for any loss suffered by the occupier as a 2
result of the entry or other actions (including any loss suffered by 3
the occupier because of the interruption of the occupier's 4
business on that land by that entry or those actions). 5
(2) A person (other than the owner of land) who (with the permission 6
of the occupier) enters the land, or does anything else on the land, 7
as required by an order under this Part, is liable (except as 8
prescribed by the regulations) to the owner of the land for any 9
loss suffered by the owner as a result of that entry or those actions 10
or for any injury to the land caused by that person. 11
(3) In addition to any liability that a person who enters land as 12
referred to in this section may have, the person has a duty to meet 13
the reasonable costs and expenses of the owner and the occupier 14
of the land in providing access to that land as referred to in this 15
section. 16
(4) A person has a duty to: 17
(a) take reasonable steps to minimise the loss and injury 18
referred to in this section caused by the person's actions, 19
and 20
(b) take reasonable steps towards restitution in respect of that 21
loss or injury (except as prescribed by the regulations), and 22
(c) compensate the party that suffered the loss or injury for 23
which the person is liable to the extent that restitution is 24
not practicable (except as prescribed by the regulations). 25
Division 6 Costs 26
33A Recovery of money under this Division 27
An amount that is required to be paid or entitled to be recovered 28
under this Division may be recovered as a debt in a court of 29
competent jurisdiction. 30
34 Recovery of EPA's costs 31
The EPA may, by notice in writing, require a person to pay (at the 32
prescribed rate or amount, or if no such rate or amount is 33
prescribed, at a reasonable rate or amount) all or any costs 34
incurred by the EPA in connection with any one or more of the 35
following: 36
(a) preparing and serving an order under this Part to which the 37
person is subject or in assessing and settling the terms of 38
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Amendment of Contaminated Land Management Act 1997 Schedule 1
any voluntary management proposal to which the person is 1
a party, 2
(b) monitoring action under such an order or under an 3
approved voluntary management proposal to which the 4
person is an approved party within the meaning of section 5
17, 6
(c) seeking the compliance of the person with any such order 7
or approved voluntary management proposal, 8
(d) any other matter associated with, or incidental to, the 9
matters set out in paragraphs (a)(c), 10
(e) any other matter prescribed by the regulations. 11
35 Recovery of public authority's costs in carrying out order 12
(1) A public authority may, by notice in writing, require a person to 13
pay all or any costs reasonably incurred by the public authority in 14
connection with the public authority's carrying out, under section 15
30, of the requirements of an order made in respect of the person. 16
(2) A public authority may, by notice in writing, require an owner of 17
land to pay all or any costs reasonably incurred (and not 18
recovered under subsection (1)) by the public authority in 19
connection with the public authority's carrying out (otherwise 20
than as an appropriate person) of the requirements of an order 21
made in respect of the land (whether or not the order was made in 22
respect of the owner). 23
(3) A public authority may enter into an arrangement with the owner 24
of land for the payment of any cost under subsection (2), 25
including an arrangement for the periodic, partial or deferred 26
payment of such a cost, or for the compromise of any debt to 27
which the arrangement relates. 28
36 Recovery of other costs 29
(1) Person subject to order is not contaminator 30
A person: 31
(a) who carries out the requirements of a management order in 32
relation to the significant contamination of land, and 33
(b) who is not responsible for the significant contamination, 34
may recover the person's costs in carrying out those requirements 35
as a portion from each person who is responsible for the 36
significant contamination. 37
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(2) Person subject to order is contaminator 1
A person: 2
(a) who carries out the requirements of a management order in 3
relation to the significant contamination of land, and 4
(b) who is responsible for the significant contamination, 5
may recover a portion of the person's costs in carrying out those 6
requirements from each other person who is responsible for the 7
significant contamination. 8
(3) Recovery by owner 9
If: 10
(a) an owner (or notional owner) of land pays any costs 11
specified in a notice under section 34 or 35 with respect to 12
a management order, and 13
(b) the owner (or notional owner) is not responsible for the 14
significant contamination concerned, 15
the owner (or notional owner) may recover a portion of the 16
amount paid from each person who is responsible for the 17
significant contamination. 18
(4) Portion 19
The portion referred to in this section must reflect what is 20
reasonable and just in the circumstances, including the following 21
circumstances: 22
(a) the proportion of responsibility of each person for the 23
significant contamination, 24
(b) the reasonable cost of any steps taken by each person in 25
respect of managing the significant contamination. 26
(5) Reference to person 27
In this section, a reference to a person includes a reference to a 28
public authority. 29
(6) Persons entering voluntary management proposal may agree 30
section not to apply 31
If the parties to a voluntary management proposal have agreed 32
that this section is not to apply as among themselves, this section 33
does not apply to allow the recovery of any costs by one party 34
from a second party unless the second party has failed to comply 35
with the terms of the proposal. 36
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Amendment of Contaminated Land Management Act 1997 Schedule 1
(7) Costs 1
For the purposes of this section, the costs of a person in carrying 2
out the requirements of a management order include any amount 3
for which the person is liable, or reasonable cost that the person 4
has a duty to meet, under section 34 or 35. 5
37 Public authority's priority if owner insolvent 6
If a public authority carries out (otherwise than as an appropriate 7
person) the requirements of an order under this Part in respect of 8
land disclaimed (by a liquidator or trustee in bankruptcy) as 9
onerous property in the course of proceedings for winding up or 10
bankruptcy, the public authority may recover the cost of carrying 11
out the order together with a reasonable commercial rate of 12
interest and all associated administrative or other costs and 13
expenses so incurred in priority to any holder of a security over 14
the land. 15
38 Limit on liability of representative or trustee 16
(1) The financial liability under this Division of a legal personal 17
representative in respect of an estate (or of a trustee of property), 18
that is or includes or is part of significantly contaminated land, is 19
limited respectively to such value of the assets of the estate (or 20
such value of the property) as the representative or trustee may 21
lawfully realise to meet a liability under this Division. 22
(2) A person is not, in such a capacity, personally liable for any costs 23
under this Act that relate to an order under this Part that relates to 24
the land and is not required to carry out such an order to a greater 25
extent than may be paid for by the person's lawfully realising the 26
assets of the estate or the property to meet those costs or that 27
payment. 28
(3) A reference in this section to a trustee of property includes the 29
Public Trustee to the extent that the property is deemed to be 30
vested in it under section 61 of the Probate and Administration 31
Act 1898. 32
39 Registration of cost notices 33
(1) A public authority that issues a notice to an owner of land under 34
section 35 (2) may apply to the Registrar-General for registration 35
of the notice in relation to any land that is owned by the person 36
and was the subject of the management order to which the notice 37
relates. 38
(2) An application under this section must specify the land to which 39
it relates. 40
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(3) The Registrar-General must, on application under this section 1
and lodgment of a copy of the notice, register the notice in 2
relation to the land in such manner as the Registrar-General 3
thinks fit. 4
40 Charge on land subject to cost notice 5
(1) Creation of charge 6
On the registration of a notice under section 39, a charge is 7
created on the land in relation to which the notice is registered to 8
secure the payment to the public authority specified in the notice. 9
(2) When charge ceases to have effect 10
Such a charge ceases to have effect in relation to the land when 11
the first of the following occurs: 12
(a) the payment by the person to the public authority of the 13
amount concerned, 14
(b) the completion of the sale or other disposition of the land 15
with the consent of the public authority, 16
(c) the completion of the sale of the land to a purchaser, in 17
good faith for value, who, at the time of the sale, has no 18
notice of the charge. 19
(3) Charge is not subject to existing charges and encumbrances 20
Such a charge has priority over every charge or encumbrance to 21
which the land was subject immediately before the notice was 22
registered and, in the case of land under the provisions of the Real 23
Property Act 1900, has priority over every mortgage, lease or 24
other interest recorded in the Register kept under that Act. 25
(4) Charge not affected by change of ownership 26
Such a charge is not affected by any change of ownership of the 27
land, except as provided by subsection (2). 28
(5) Registration of charge is notice 29
If: 30
(a) such a charge is created on land of a particular kind and the 31
provisions of any law of the State provide for the 32
registration of title to, or charges over, land of that kind, 33
and 34
(b) the charge is so registered, 35
a person who purchases or otherwise acquires the land after the 36
registration of the charge is, for the purposes of subsection (2), 37
taken to have notice of the charge. 38
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(6) Charge on Torrens land not effective until registered 1
If such a charge relates to land under the provisions of the Real 2
Property Act 1900, the charge has no effect until it is registered 3
under that Act. 4
41 Removal of charge 5
(1) When a charge under this Division ceases to have effect, the 6
relevant public authority must apply to the Registrar-General for 7
the cancellation or removal of the relevant notice registered under 8
section 39. 9
(2) The regulations may make provision for or with respect to the 10
removal of a charge under this Division. 11
42 Repayment of appropriations out of Consolidated Fund 12
(1) This section applies if the costs of a public authority in carrying 13
out the requirements of an order under this Part are partly or fully 14
met out of money appropriated by Parliament specifically for the 15
management of contaminated land. 16
(2) If a public authority recovers, under this Division, part or all of 17
the cost of carrying out the requirements of the order, the 18
authority must repay, into the Consolidated Fund or such other 19
fund as may be directed by the Treasurer, a portion of the amount 20
recovered. 21
(3) The portion referred to in subsection (2) must reflect the 22
proportion that the money provided by Parliament bore to the 23
total costs incurred by the authority in carrying out the 24
requirements of the order. 25
Division 7 General 26
43 Multiple orders and notices 27
More than one order or notice may be served under a provision of 28
this Part on the same person or in respect of the same land, or 29
both. 30
44 Amendment or repeal of orders and notices 31
(1) An order or notice under this Part (the original instrument) may 32
be amended or repealed by one or more subsequent orders or 33
notices (the amending instrument). 34
(2) An amending instrument: 35
(a) must state the reasons for the amendment or repeal, and 36
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(b) must, as far as is reasonably practicable, be served on the 1
persons on whom the original instrument was required to 2
be served, and 3
(c) must not declare land that is not significantly contaminated 4
land to be significantly contaminated land unless the 5
amending instrument is made in accordance with sections 6
11 and 12, and 7
(d) is taken to be made under the same provisions of this Act 8
as the original instrument, and 9
(e) is not otherwise required to comply with the provisions of 10
this Part with respect to the making of an original 11
instrument. 12
(3) Nothing in this section enables the amendment of an original 13
instrument so that, as amended, it would not have been in 14
accordance with this Act originally to make it. 15
45 Obstruction of persons 16
(1) A person must not wilfully delay or obstruct a person (including 17
a public authority) who is carrying out any action in compliance 18
with an order or notice under this Part. 19
Maximum penalty: 20
(a) in the case of a corporation--1,250 penalty units and, in 21
the case of a continuing offence, a further penalty of 600 22
penalty units for each day the offence continues, or 23
(b) in the case of an individual--600 penalty units and, in the 24
case of a continuing offence, a further penalty of 300 25
penalty units for each day the offence continues. 26
(2) It is a defence to a prosecution for an offence under this section 27
if the defendant establishes that the delay or obstruction to the 28
person occurred in a situation in which the person was present on 29
the land without the permission of the occupier or contrary to the 30
terms of the occupier's permission. 31
46 EPA may issue clean-up and prevention notices 32
The EPA may issue a notice or direction in accordance with Part 33
4.2 or 4.3 of the Protection of the Environment Operations Act 34
1997 in relation to significantly contaminated land: 35
(a) as if it were the appropriate regulatory authority within the 36
meaning of that Act, and 37
(b) despite any order or approved voluntary management 38
proposal relating to the land, 39
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and any such notice or direction is taken to have been issued 1
under that Act. 2
[10] Part 4, heading 3
Omit the heading. Insert instead: 4
Part 4 Site audits 5
[11] Section 47 6
Omit the section. Insert instead: 7
47 Definition 8
In this Part, a reference to a statutory site audit is a reference to 9
a site audit carried out in order to secure compliance with one or 10
more of the following: 11
(a) a requirement under this Act, 12
(b) an approved voluntary management proposal, 13
(c) a requirement imposed by State Environmental Planning 14
Policy No 55--Remediation of Land or by any other 15
environmental planning instrument made under the 16
Environmental Planning and Assessment Act 1979 or by 17
any development consent or approval given under that Act, 18
(d) any other requirement imposed by or under an Act, 19
unless it is carried out only in order to secure compliance with a 20
legal obligation arising from an agreement or arising in such 21
other circumstances as the regulations may prescribe. 22
[12] Section 53D Annual returns and other notifications 23
Omit "investigation, remediation or" from section 53D (5) (c) (ii). 24
[13] Section 55 False audits or information 25
Omit the section. 26
[14] Section 58 Record to be maintained by the EPA 27
Omit section 58 (1) and (2). Insert instead: 28
(1) The EPA is to maintain a record that consists of the following: 29
(a) a copy of the relevant notice under section 11 that relates 30
to land that is significantly contaminated land, 31
(b) a copy of any order under Part 3 that has not been revoked 32
or ceased to have effect, 33
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(c) a copy of any site audit statement furnished to the EPA 1
under section 53B that relates to land that is significantly 2
contaminated land, 3
(d) a copy of any approved voluntary management proposal 4
that has not been fully carried out and where the EPA's 5
approval has not been revoked, 6
(e) as far as reasonably practicable, a copy of anything that 7
was formerly required to be included as part of the record 8
(marked in such a way as to show that it no longer has 9
effect), 10
(f) anything prescribed by the regulations. 11
(2) A copy of the record (whether in electronic or other form) is to be 12
available for public inspection: 13
(a) at the principal office of the EPA, and 14
(b) on the Department's internet website, and 15
(c) at such other places as the EPA thinks fit. 16
[15] Sections 59 and 60 17
Omit the sections. Insert instead: 18
59 Local authorities to be informed 19
(1) The EPA must, as soon as practicable after the occurrence of any 20
of the following in relation to land, inform the local authority for 21
the area in which land is situated of that matter: 22
(a) the land being declared to be significantly contaminated 23
land or ceasing to be significantly contaminated land, 24
(b) a management order in relation to the land being served on 25
a person or being revoked, 26
(c) the EPA giving its approval or withdrawing its approval 27
for a voluntary management proposal in relation to the 28
land or a voluntary management proposal in relation to the 29
land being completed to the satisfaction of the EPA, 30
(d) an ongoing maintenance order in relation to the land being 31
served on a person or being revoked. 32
(2) For the purposes of section 149 of the Environmental Planning 33
and Assessment Act 1979, the following matters are prescribed in 34
addition to any other matters, prescribed by the regulations under 35
that section, to be specified in a certificate under that section: 36
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(a) that the land to which the certificate relates is significantly 1
contaminated land--if the land (or part of the land) is 2
significantly contaminated land at the date when the 3
certificate is issued, 4
(b) that the land to which the certificate relates is subject to a 5
management order--if it is subject to such an order at the 6
date when the certificate is issued, 7
(c) that the land to which the certificate relates is the subject 8
of an approved voluntary management proposal--if it is 9
the subject of such an approved proposal at the date when 10
the certificate is issued, 11
(d) that the land to which the certificate relates is subject to an 12
ongoing maintenance order--if it is subject to such an 13
order at the date when the certificate is issued, 14
(e) that the land to which the certificate relates is the subject 15
of a site audit statement--if a copy of such a statement has 16
been provided at any time to the local authority issuing the 17
certificate. 18
Note. Section 53B requires site auditors to furnish local authorities with 19
copies of site audit statements relating to site audits for the purposes of 20
statutory requirements. 21
(3) If a local authority, under section 149 (5) of the Environmental 22
Planning and Assessment Act 1979, includes advice in a 23
certificate in relation to a matter set out in subsection (2) (a)(e) 24
that no longer applies to the land, the authority is to make this 25
clear on the certificate. 26
60 Duty to report contamination 27
(1) A person whose activities have contaminated land must notify the 28
EPA in writing in accordance with this section that the land has 29
been so contaminated. 30
Maximum penalty: 31
(a) in the case of a corporation--1,500 penalty units, and in 32
the case of a continuing offence, a further penalty of 700 33
penalty units for each day the offence continues, or 34
(b) in the case of an individual--700 penalty units, and in the 35
case of a continuing offence, a further penalty of 300 36
penalty units for each day the offence continues. 37
(2) An owner of land that has been contaminated (whether before or 38
during the owner's ownership of the land) must notify the EPA in 39
writing in accordance with this section that the land has been so 40
contaminated. 41
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Maximum penalty: 1
(a) in the case of a corporation--1,500 penalty units, and in 2
the case of a continuing offence, a further penalty of 700 3
penalty units for each day the offence continues, or 4
(b) in the case of an individual--700 penalty units, and in the 5
case of a continuing offence, a further penalty of 300 6
penalty units for each day the offence continues. 7
(3) A person is required to notify the EPA under subsection (1) or (2) 8
only if: 9
(a) each of the following is true: 10
(i) the substance contaminating the land (the 11
contaminant) or any by-product of the contaminant 12
has entered or will foreseeably enter neighbouring 13
land, the atmosphere, groundwater or surface water, 14
(ii) the regulations prescribe for the purposes of this 15
subparagraph, or the guidelines specify, a level of 16
the contaminant or by-product in the neighbouring 17
land, atmosphere, groundwater or surface water, 18
(iii) the level of the contaminant or by-product after that 19
entry is, or will foreseeably be, above the level 20
prescribed or specified and will foreseeably 21
continue to remain above that level, or 22
(b) a guideline specifies a level of the contaminant in soils 23
with respect to a current or approved use of the land and 24
the level of the contaminant on or in any part of the soil on 25
that land is equal to or above that specified in the guideline 26
and a person has been, or foreseeably will be, exposed to 27
the contaminant or any by-product of the contaminant, or 28
(c) the contamination meets any other criteria that may be 29
prescribed by the regulations for the purposes of this 30
subsection. 31
(4) A person is required to notify the EPA under this section as soon 32
as practicable after the person becomes aware of the 33
contamination. 34
(5) A person is taken to be aware of contamination for the purposes 35
of this section if the person ought reasonably to have been aware 36
of the contamination. 37
(6) A notice under this section is to be in a form approved by the EPA 38
and is to specify the following matters to the extent that they are 39
within the knowledge of the person required to give the notice: 40
(a) the location of the land, 41
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Contaminated Land Management Amendment Bill 2008
Amendment of Contaminated Land Management Act 1997 Schedule 1
(b) the activities that have contaminated the land, 1
(c) the nature of the contamination, 2
(d) the nature of the risk posed by the contamination, 3
(e) any other matter prescribed by the regulations. 4
(7) Information provided by a person for the purpose of complying 5
with this section is not admissible as evidence in any proceedings 6
against that person for an offence under the environment 7
protection legislation (except in proceedings for an offence under 8
this section). 9
(8) The EPA may identify land as significantly contaminated land or 10
make an order under Part 3 in respect of any person, whether or 11
not the person has notified the EPA in accordance with this 12
section. 13
(9) The following are to be taken into account in determining when 14
a person should reasonably have become aware of 15
contamination: 16
(a) the person's abilities, including his or her experience, 17
qualifications and training, 18
(b) whether the person could reasonably have sought advice 19
that would have made the person aware of the 20
contamination, 21
(c) the circumstances of the contamination. 22
(10) The regulations may exempt, or provide for the exemption of: 23
(a) any person or class of persons, or 24
(b) any premises or class of premises, or 25
(c) any area or class of areas, or 26
(d) any activity or class of activities, or 27
(e) any other matter or thing or class of matters or things, 28
from any specified provision or provisions of this section in such 29
circumstances (if any) and subject to such conditions (if any) as 30
may be specified or referred to in the regulations. 31
(11) In this section, a reference to the level of a contaminant or 32
by-product of a contaminant includes a reference to the 33
concentration of the contaminant or by-product. 34
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Contaminated Land Management Amendment Bill 2008
Schedule 1 Amendment of Contaminated Land Management Act 1997
[16] Section 61 1
Omit the section. Insert instead: 2
61 Appeals about management orders 3
(1) A person who is the subject of a management order may appeal 4
to the Land and Environment Court against the order within 21 5
days (or such other period as may be prescribed) after the date of 6
the service of the order on the person. 7
(2) An appeal may be made under subsection (1) even if the 8
management order required action to be started (or completed) 9
during the period within which any such appeal may be made. 10
[17] Part 7, heading 11
Omit "investigate or remediate". Insert instead "manage contamination". 12
[18] Sections 63 (1) and (7), 64 (1) and (3) (b) and 65 (1) and (7) 13
Omit "an investigation or remediation order" wherever occurring. 14
Insert instead "a management order". 15
[19] Sections 63 (1) (b), (3) (a) and (b) and (7), 64 (2) and (3) (a) and 65 (1) (b), 16
(2), (3) (a) and (b) and (7) 17
Omit "the investigation or remediation order" wherever occurring. 18
Insert instead "the management order". 19
[20] Section 63 (2) 20
Omit "original investigation or remediation order". 21
Insert instead "original management order". 22
[21] Sections 63 (6) and 65 (6) 23
Omit "relevant investigation or remediation order" wherever occurring. 24
Insert instead "relevant management order". 25
[22] Section 64 (1) (a) 26
Insert ", to which the management order related," after "land". 27
[23] Section 64 (1) (b) 28
Omit the paragraph. Insert instead: 29
(b) the person to whom the land was transferred (the 30
transferee) has failed to comply with the management 31
order. 32
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Contaminated Land Management Amendment Bill 2008
Amendment of Contaminated Land Management Act 1997 Schedule 1
[24] Section 64 (2) 1
Omit "The person". 2
Insert instead "A person who is subject to an order of the Court under this 3
section". 4
[25] Section 64 (3) (b) 5
Omit "investigation or remediation of". Insert instead "management of". 6
[26] Section 64 (4) (c) 7
Omit "to remediate". 8
Insert instead "with respect to the management of contamination of". 9
[27] Section 66 Definitions 10
Omit the definition of designated officer. 11
[28] Sections 67 and 68 12
Omit the sections. 13
[29] Section 69 Proof of certain matters not required 14
Insert at the end of section 69 (b): 15
, or 16
(c) the fact that a person is, or at any relevant time was, the 17
owner or occupier of any land to which the proceedings 18
relate. 19
[30] Section 71 Certificate evidence of certain matters 20
Omit "or a designated officer" from section 71 (1). 21
Insert instead "(or an officer of the EPA designated in writing by the 22
Director-General for the purposes of this section)". 23
[31] Section 71 (2) (a) 24
Insert "or was published in a specified manner on a specified day" after 25
"specified day". 26
[32] Section 71 (2) (j) and (k) 27
Omit the paragraphs. Insert instead: 28
(j) that land was or was not, at a specified time or during a 29
specified period, significantly contaminated land, 30
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Contaminated Land Management Amendment Bill 2008
Schedule 1 Amendment of Contaminated Land Management Act 1997
(k) that land was or was not, at a specified time or during a 1
specified period, subject to an order under Part 3 set out in, 2
or annexed to, the certificate, 3
[33] Section 77 Requirement to provide information and records (EPA) 4
Omit "a person interested in any land within an investigation area" from 5
section 77 (2). 6
Insert instead "an interested person with respect to any significantly 7
contaminated land". 8
[34] Section 77 (2) 9
Omit "site" wherever occurring. Insert instead "land". 10
[35] Section 81 Powers to enter land 11
Omit section 81 (1) (c). Insert instead: 12
(c) any significantly contaminated land--at any time, and 13
[36] Section 89 Offences 14
Omit the penalty provision. Insert instead: 15
Maximum penalty: 16
(a) in the case of a corporation--1,250 penalty units, and in 17
the case of a continuing offence, a further penalty of 600 18
penalty units for each day the offence continues, or 19
(b) in the case of an individual--600 penalty units, and in the 20
case of a continuing offence, a further penalty of 300 21
penalty units for each day the offence continues. 22
[37] Section 92A Penalty notices 23
Insert after section 92A (5): 24
(5A) Despite subsection (4), an authorised officer, whether or not the 25
officer by whom the penalty notice has been served: 26
(a) may withdraw the notice within 28 days after the date on 27
which the notice was served, and 28
(b) must withdraw the notice immediately if directed to do so 29
by the EPA. 30
(5B) The following provisions have effect in relation to an alleged 31
offence if a penalty notice for the alleged offence is withdrawn in 32
accordance with subsection (5A): 33
(a) the amount that was payable under the notice ceases to be 34
payable, 35
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Contaminated Land Management Amendment Bill 2008
Amendment of Contaminated Land Management Act 1997 Schedule 1
(b) any amount that has been paid under the notice is 1
repayable to the person by whom it was paid, 2
(c) further proceedings in respect of the alleged offence may 3
be taken against any person (including the person on 4
whom the notice was served) as if the notice had never 5
been served. 6
[38] Section 93 Time for commencing proceedings 7
Omit "46, 55," from paragraph (a) of the definition of prescribed offence in 8
section 93 (5). 9
[39] Section 95 Other persons may institute proceedings with leave 10
Omit "an investigation or remediation order" from section 95 (3). 11
Insert instead "an order under Part 3". 12
[40] Section 98 13
Omit the section. Insert instead: 14
98 Offences by corporations 15
(1) If a corporation contravenes, whether by act or omission, any 16
provision of this Act or the regulations, each person who is a 17
director of the corporation or who is concerned in the 18
management of the corporation is taken to have contravened the 19
same provision, unless the person satisfies the court that: 20
(a) the person was not in a position to influence the conduct of 21
the corporation in relation to its contravention of the 22
provision, or 23
(b) the person, if in such a position, used all due diligence to 24
prevent the contravention by the corporation. 25
(2) A person may be proceeded against and convicted under a 26
provision pursuant to this section whether or not the corporation 27
has been proceeded against or been convicted under that 28
provision. 29
(3) Nothing in this section affects any liability imposed on a 30
corporation for an offence committed by the corporation against 31
this Act or the regulations. 32
(4) Without limiting any other law or practice regarding the 33
admissibility of evidence, evidence that an officer, employee or 34
agent of a corporation (while acting in his or her capacity as such) 35
had, at any particular time, a particular state of mind, is evidence 36
that the corporation had that state of mind. 37
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Contaminated Land Management Amendment Bill 2008
Schedule 1 Amendment of Contaminated Land Management Act 1997
(5) In this section, the state of mind of a person includes: 1
(a) the knowledge, intention, opinion, belief or purpose of the 2
person, and 3
(b) the person's reasons for the intention, opinion, belief or 4
purpose. 5
[41] Section 102 Disputes between EPA and public authorities 6
Insert "or a decision to issue an order under section 30" after "this Act" in 7
section 102 (1). 8
[42] Section 103 9
Omit the section. Insert instead: 10
103 False or misleading information 11
(1) A person must not, in compliance or purported compliance with 12
a requirement under this Act, give information to the EPA or 13
another person knowing that, or reckless as to whether, the 14
information is false or misleading in a material particular. 15
Maximum penalty: 16
(a) in the case of a corporation--1,250 penalty units, or 17
(b) in the case of an individual--600 penalty units. 18
(2) For the purposes of this section, information given in connection 19
with a site audit, a site audit report or a site audit statement is 20
taken to be given in compliance with this Act. 21
(3) In this section: 22
give information includes make a statement, give evidence or 23
produce a document. 24
[43] Section 104 Publicity about contamination 25
Omit "The EPA may do these things as a response referred to in section 7 (c) 26
or otherwise.". 27
[44] Section 105 Guidelines 28
Omit section 105 (4). Insert instead: 29
(4) The EPA may from time to time vary the terms of its approval of 30
a guideline under this section, or revoke that approval. 31
(4A) A guideline may amend or revoke another guideline. If an 32
amendment to a guideline is a minor amendment, the EPA is not 33
required to comply with subsection (2) (a) or (b). 34
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Contaminated Land Management Amendment Bill 2008
Amendment of Contaminated Land Management Act 1997 Schedule 1
[45] Section 105 (7) 1
Insert after section 105 (6): 2
(7) In this section: 3
minor amendment includes the following: 4
(a) the correction of a typographical or grammatical error, 5
(b) the updating of a cross-reference or contact or address 6
details, 7
(c) any other amendment that is declared by the regulations to 8
be a minor amendment. 9
[46] Section 106 Reasons for certain decisions 10
Omit section 106 (1). Insert instead: 11
(1) If, in the exercise of any function under this Act, the EPA makes 12
a decision on the basis that it does not have reason to believe that 13
land is contaminated in such a way as to warrant regulation under 14
Division 2 of Part 3, the EPA must provide a written statement of 15
the reasons for its decision to any person who makes written 16
request for those reasons in relation to that land. 17
[47] Section 106 (3) 18
Omit "section 6". Insert instead "section 8". 19
[48] Section 107 Disclosure of information 20
Insert after section 107 (2) (before the note): 21
(3) Despite subsection (1), the EPA or a local authority may disclose 22
to any person a site audit report or site audit statement if the 23
report or statement relates to a statutory site audit within the 24
meaning of Part 4. 25
[49] Section 108 Service of notices 26
Omit "the Internet" from section 108 (1) (e). Insert instead "by email". 27
[50] Section 109 Relationship with other Acts 28
Insert after section 109 (3): 29
(4) Nothing in this section prevents the EPA from issuing a clean-up 30
notice or direction in accordance with Part 4.2 of the Protection 31
of the Environment Operations Act 1997 or a prevention notice in 32
accordance with Part 4.3 of that Act. 33
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Contaminated Land Management Amendment Bill 2008
Schedule 1 Amendment of Contaminated Land Management Act 1997
[51] Section 111 Notes 1
Omit the section. 2
[52] Section 111A 3
Insert before section 112: 4
111A Offset arrangements 5
(1) The Minister may, if he or she considers it to be in the public 6
interest to do so, enter into offset arrangements with a person 7
responsible for the contamination of land under which the person 8
provides assistance (other than direct monetary assistance) to 9
communities affected by the contamination. 10
Note. Assistance may, amongst other things, include the provision of 11
community facilities or community services or the establishment and 12
operation of environmental or resource projects. 13
(2) Offset arrangements may be entered only if the Minister 14
reasonably considers that it would not be practicable to remediate 15
the contamination within a reasonable time. 16
(3) Offset arrangements are to be in writing and may specify the 17
circumstances and manner in which functions under this Act are 18
to be exercised if the assistance is duly provided and any such 19
function is to be exercised accordingly. 20
[53] Section 112 Regulations 21
Insert after section 112 (2) (b): 22
(b1) the circumstances in which any or all of the costs 23
recoverable under section 34 may be waived or refunded 24
by the EPA, 25
(b2) the circumstances in which the EPA may disclose any 26
information obtained in connection with the 27
administration or execution of this Act or the regulations 28
(including personal information within the meaning of the 29
Privacy and Personal Information Protection Act 1998) 30
other than information that may not be disclosed under 31
section 107 (1), 32
[54] Schedule 2 Savings and transitional provisions 33
Insert before clause 1: 34
Part 1 General 35
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Contaminated Land Management Amendment Bill 2008
Amendment of Contaminated Land Management Act 1997 Schedule 1
[55] Schedule 2, clause 1 1
Insert at the end of clause 1 (1): 2
Contaminated Land Management Amendment Act 2008 3
[56] Schedule 2, clause 2 4
Omit "section 13" from clause 2 (c). Insert instead "section 6". 5
[57] Schedule 2 6
Insert before clause 3: 7
Part 2 Provisions consequent on enactment of 8
this Act 9
[58] Schedule 2, clause 3 10
Insert after clause 3 (5): 11
(6) A direction given under section 35 of the Environmentally 12
Hazardous Chemicals Act 1985 before the repeal of Part 5 of that 13
Act by this Act, may be revoked by the EPA at any time by notice 14
in writing that is, where reasonably practicable, served on the 15
person to whom the direction was given. 16
[59] Schedule 2 17
Insert after clause 5: 18
Part 3 Provisions consequent on enactment of 19
the Environment Protection Legislation 20
Amendment Act 2002 21
[60] Schedule 2 22
Insert after clause 6: 23
Part 4 Provisions consequent on enactment of 24
the Contaminated Land Management 25
Amendment Act 2003 26
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Contaminated Land Management Amendment Bill 2008
Schedule 1 Amendment of Contaminated Land Management Act 1997
[61] Schedule 2 1
Insert after clause 11: 2
Part 5 Provisions consequent on enactment of 3
the Contaminated Land Management 4
Amendment Act 2008 5
12 Definition 6
In this Part: 7
the amending Act means the Contaminated Land Management 8
Amendment Act 2008. 9
13 Orders, declarations and voluntary proposals 10
(1) Land that is an investigation area or a remediation site 11
immediately before the substitution of Division 2 of Part 3 by the 12
amending Act is, on the substitution of that Division, taken to be 13
significantly contaminated land. 14
(2) An investigation order or remediation order that is in force 15
immediately before the substitution of Division 2 of Part 3 by the 16
amending Act is, on the substitution of that Division, taken to be 17
a management order that is in force on the same terms as the 18
investigation order or remediation order. 19
(3) A voluntary investigation proposal or voluntary remediation 20
proposal that has been agreed to by the EPA and that has not been 21
fully carried out immediately before the substitution of Division 22
2 of Part 3 by the amending Act is, on the substitution of that 23
Division, taken to be an approved voluntary management 24
proposal in force on the same terms as the voluntary investigation 25
proposal or voluntary remediation proposal. 26
(4) In relation to any investigation area, remediation site, 27
investigation order, remediation order, voluntary investigation 28
proposal or voluntary remediation proposal to which this clause 29
applies the following references (whether in the order or proposal 30
or elsewhere) are, on and from the substitution of Division 2 of 31
Part 3 by the amending Act, to be read as follows: 32
(a) a reference to an investigation area or a remediation site is 33
taken to be a reference to significantly contaminated land, 34
(b) a reference to an investigation order or remediation order 35
is taken to be a reference to a management order, 36
(c) a reference to a voluntary investigation proposal or 37
voluntary remediation proposal that has been agreed to by 38
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Contaminated Land Management Amendment Bill 2008
Amendment of Contaminated Land Management Act 1997 Schedule 1
the EPA is taken to be a reference to an approved voluntary 1
management proposal and a reference to a party to such a 2
voluntary investigation proposal or voluntary remediation 3
proposal is taken to be a reference to an approved party, 4
(d) a reference to land being contaminated in such a way as to 5
present a significant risk of harm is taken to be a reference 6
to contamination that the EPA considers to be significant 7
enough to warrant regulation under Division 2 of Part 3 of 8
this Act. 9
(5) Subclause (4) (d) does not apply to a reference in a guideline. 10
14 Public consultation 11
For the purposes of section 14 (4), the EPA is taken to have 12
considered submissions under section 11 (2) (e) if, in respect of 13
the land to which the proposed management order is to apply, the 14
EPA has, before the substitution of Division 2 of Part 3 by the 15
amending Act, considered submissions under section 17 (2) or 23 16
(3). 17
15 Voluntary management proposals 18
Section 17 (6) does not apply to a voluntary investigation 19
proposal or voluntary remediation proposal that is taken, because 20
of clause 13, to be an approved voluntary management proposal 21
and section 20 or 27 (as the case may be) as in force immediately 22
before the substitution of Division 2 of Part 3 by the amending 23
Act continues to apply in respect of those proposals. 24
16 Maintenance of remediation 25
(1) A notice issued under section 28 and in force immediately before 26
the substitution of that section by the amending Act continues in 27
force and is taken to have been issued under section 28 as 28
substituted. 29
(2) A reference in section 28 (1) or 29 (1) to land that has been the 30
subject of a management order or an approved voluntary 31
management proposal includes land that was, before the 32
substitution of Division 2 of Part 3 by the amending Act: 33
(a) the subject of an investigation order or a remediation order, 34
or 35
(b) the subject of a voluntary investigation proposal or 36
voluntary remediation proposal that has been agreed to by 37
the EPA under section 19 or 26. 38
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Contaminated Land Management Amendment Bill 2008
Schedule 1 Amendment of Contaminated Land Management Act 1997
(3) A covenant imposed by the EPA under section 29 before the 1
substitution of that section by the amending Act may be released 2
or varied under section 29 (2) as substituted by the amending Act. 3
(4) Land that is taken to be land the subject of remediation under Part 4
3 because of the operation of clause 3 (3) is, on the substitution 5
of section 28 by the amending Act, taken to be land the subject of 6
a management order. 7
17 Cost recovery 8
Sections 34 and 35 as substituted by the amending Act apply only 9
in respect of an order made under Part 3, or a voluntary 10
management proposal furnished to the EPA, after that 11
substitution and in any other case those sections apply as they 12
were immediately before that substitution. 13
18 Penalty notices 14
Section 92A (5A) and (5B), as inserted by the amending Act, 15
extend to a penalty notice served before the commencement of 16
those subsections. 17
19 Disclosure of information 18
Section 107 (3), as inserted by the amending Act, extends to 19
information obtained by the EPA before the commencement of 20
that subsection. 21
20 Records 22
A reference in clause 3 to section 58 or 59 includes a reference to 23
those sections as substituted by the amending Act. 24
Page 44
Contaminated Land Management Amendment Bill 2008
Amendment of instruments Schedule 2
Schedule 2 Amendment of instruments 1
(Section 4) 2
2.1 Environmental Planning and Assessment Regulation 2000 3
[1] Schedule 4 Planning certificates 4
Omit clause 10. 5
[2] Schedule 4 6
Insert at the end of the Schedule: 7
Note. The following matters are prescribed by section 59 (2) of the 8
Contaminated Land Management Act 1997 as additional matters to be 9
specified in a planning certificate: 10
(a) that the land to which the certificate relates is significantly 11
contaminated land within the meaning of that Act--if the land (or 12
part of the land) is significantly contaminated land at the date 13
when the certificate is issued, 14
(b) that the land to which the certificate relates is subject to a 15
management order within the meaning of that Act--if it is subject 16
to such an order at the date when the certificate is issued, 17
(c) that the land to which the certificate relates is the subject of an 18
approved voluntary management proposal within the meaning of 19
that Act--if it is the subject of such an approved proposal at the 20
date when the certificate is issued, 21
(d) that the land to which the certificate relates is subject to an 22
ongoing maintenance order within the meaning of that Act--if it is 23
subject to such an order at the date when the certificate is issued, 24
(e) that the land to which the certificate relates is the subject of a site 25
audit statement within the meaning of that Act--if a copy of such 26
a statement has been provided at any time to the local authority 27
issuing the certificate. 28
2.2 Local Government (General) Regulation 2005 29
Clause 97 30
Omit the clause. Insert instead: 31
97 Copies of certain orders to be provided to EPA 32
(1) If a council gives Order No 11, 12, 18, 21, 22 or 25 in respect of 33
land or premises and the land or the land on which the premises 34
are situated is subject to statutory contaminated land 35
management, the council must provide the EPA with a copy of 36
the Order and of any modification or revocation of it. 37
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Contaminated Land Management Amendment Bill 2008
Schedule 2 Amendment of instruments
(2) Failure to provide the EPA with a copy does not invalidate an 1
Order, modification or revocation. 2
(3) In this clause: 3
EPA means the Environment Protection Authority constituted by 4
the Protection of the Environment Administration Act 1991. 5
statutory contaminated land management means that one or 6
more of the following matters under the Contaminated Land 7
Management Act 1997 apply in relation to the land: 8
(a) the land is significantly contaminated land within the 9
meaning of that Act and the council has been notified 10
under section 59 of that Act that the land is significantly 11
contaminated land, 12
(b) a management order is in force under Part 3 of that Act and 13
the council has been notified under section 59 of that Act 14
that the order is in force, 15
(c) an approved voluntary management proposal applies to the 16
land under section 17 of that Act and the council has been 17
notified under section 59 of that Act that the proposal has 18
been approved, 19
(d) an ongoing maintenance order has effect under section 28 20
of that Act and the council has been notified under section 21
59 of that Act that the order has effect, 22
(e) a restriction on the use of the land or a public positive 23
covenant has been imposed by the EPA on the land under 24
section 29 of that Act. 25
Note. Section 7 (2) of the Protection of the Environment Operations Act 26
1997 provides for that Act to prevail over any other Act or statutory rule 27
to the extent of any inconsistency and for a regulation under that Act to 28
prevail over any other statutory rule to the extent of any inconsistency. 29
Section 109 of the Contaminated Land Management Act 1997 provides 30
that the exercise of functions under other Acts must not be inconsistent 31
with the functions of the EPA or other public authority under that Act. 32
Page 46
Contaminated Land Management Amendment Bill 2008
Amendment of instruments Schedule 2
2.3 Water Sharing Plan for the Alstonville Plateau Groundwater 1
Sources 2003 2
Schedule 4 Contamination sources 3
Omit paragraph (d) of the Schedule. Insert instead: 4
(d) any significantly contaminated land within the meaning of 5
the Contaminated Land Management Act 1997. 6
Page 47
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