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Assessment Amendment
(Contaminated Land) Bill 1995
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament?
Amended in committee--see table at end of volume.
Clause 2 provides for the commencement of the proposed Act on a day or
days to be appointed by proclamation.
Clause 3 is a formal provision giving effect to the amendments to the
Environmental Planning and Assessment Act I979 set out in Schedule 1.
Schedule 1 [1] inserts proposed Part 7A containing the following provisions:
Proposed section 145A contains definitions of contaminated land,
contaminated land planning guidelines and planning authority.
Proposed section 145B confers statutory immunity on certain planning
authorities who, in good faith, do or omit to do anything in duly carrying out
certain planning functions in relation to contaminated land (including the
likelihood of land being contaminated land) or in relation to the nature or
extent of contamination of land. The proposed section also provides that
anything done or omitted to be done in compliance with any contaminated
land planning guidelines then in force is taken to be done or omitted to be
done in good faith.
Proposed section 145C provides that the Minister may give notice of the
publication of contaminated land planning guidelines in the Gazette. Copies
of such guidelines are to be made available for inspection at council offices
during ordinary office hours. Guidelines will have effect from the time that
notification of their publication is made in the Gazette.
Schedule 1 [2] amends section 149 (6) to ensure that the general immunity
conferred by that subsection does not apply to advice provided in relation to
contaminated land. The new Part 7A will apply exclusively to determine
liability for such advice.
Schedule 1 [3] and [4] contain provisions of a savings and transitional
nature.
Explanatory note page 2