New South Wales Consolidated Acts

CONTAMINATED LAND MANAGEMENT ACT 1997

- As at 13 May 2009
- Act 140 of 1997

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Objects of this Act
   4.      Definitions
   5.      Contamination

   PART 2 - MAIN FUNCTIONS OF EPA UNDER THIS ACT

   6.      General duty of EPA
   7.      If contamination presents significant risk of harm
   8.      If contamination presents no significant risk of harm
   9.      Assessment of risk of harm
   10.     Need to maintain ecologically sustainable development

   PART 3 - INVESTIGATION AND REMEDIATION OF CONTAMINATED LAND

           Division 1 - Preliminary

   11.     Main powers of EPA under Part 3
   12.     Choice of appropriate person to be ordered
   13.     Responsibility if contamination indirect or delayed or risk arises from change of use
   14.     Concept of notional owner

           Division 2 - Investigation

   15.     Declaration of land as investigation area
   16.     Notice to end declaration and order
   17.     Investigation order
   18.     Details of investigation order
   19.     Voluntary investigation proposals: agreement of EPA
   20.     Voluntary investigation proposals: exceptions

           Division 3 - Remediation

   21.     Declaration of remediation site
   22.     Notice to end declaration and order
   23.     Remediation order
   24.     Details of remediation order
   25.     Nature of remediation
   26.     Voluntary remediation proposals: agreement of the EPA
   27.     Voluntary remediation proposals: exceptions
   28.     Maintenance of remediation: notice to owner or occupier
   29.     Maintenance of remediation: covenant

           Division 4 - Action by public authority

   30.     Public authority may step in if person fails to act
   31.     Duty of public authority

           Division 5 - Entry on land to investigate or remediate that or other land

   32.     Refusal of entry on land
   33.     Liability for losses

           Division 6 - Cost of investigation or remediation

   34.     Recovery of EPA’s administrative costs associated with orders
   35.     Recovery of public authority’s substantive costs in carrying out order
   36.     Recovery of costs of investigation or remediation
   37.     Public authority’s priority if owner insolvent
   38.     Limit on liability of representative or trustee
   39.     Registration of cost notices
   40.     Charge on land subject to cost notice
   41.     Removal of charge
   42.     Repayment of appropriations out of Consolidated Fund

           Division 7 - General

   43.     Multiple notices and declarations
   44.     Revocation or variation
   45.     Obstruction of persons
   46.     False statements in reports

   PART 4 - SITE AUDITS

   47.     Definitions
   48.     Statutory site audits
   49.     Accreditation panel
   50.     Application for accreditation as site auditor
   51.     Grant of accreditation as site auditor
   52.     Renewal of accreditation
   53.     Conditions of accreditation
   53A.    Directions
   53B.    Site audit reports and site audit statements
   53C.    Notification to EPA of statutory site audit
   53D.    Annual returns and other notifications
   54.     Site auditor to avoid conflicts of interest
   55.     (Repealed)
   56.     Revocation, suspension or refusal to renew accreditation
   57.     Holding out

   PART 5 - INFORMATION

   58.     EPA’s record of current declarations and orders
   59.     Local authorities to be informed
   60.     Duty to report contamination

   PART 6 - APPEALS

   61.     Appeals about orders
   62.     Determination of appeals

   PART 7 - ORDERS AGAINST DIRECTORS OR COMPANIES TO INVESTIGATE OR REMEDIATE AT OWN EXPENSE

   63.     Director of body corporate that is wound up
   64.     Director of body corporate that disposed of land
   65.     Holding company of body corporate that is wound up

   PART 8 - EVIDENCE

   66.     Definitions
   67.     Person responsible for typical contamination
   68.     Evidence relating to owner or occupier of land
   69.     Proof of certain matters not required
   70.     Documentary evidence generally
   71.     Certificate evidence of certain matters
   72.     Evidence of analysts

   PART 9 - AUTHORISED OFFICERS

           Division 1 - Administration

   73.     Appointment of authorised officers
   74.     Scope of authority
   75.     Identification

           Division 2 - Powers to require information or records

   76.     Application of Division
   77.     Requirement to provide information and records (EPA)
   78.     Requirement to provide information and records (authorised officers)
   79.     Manner and time for compliance
   80.     Provisions relating to information and records

           Division 3 - Powers of entry and search of land

   81.     Powers to enter land
   82.     Entry into residential premises only with permission or warrant
   83.     Powers to do things on premises
   84.     Search warrants
   85.     Assistance
   86.     Care to be taken
   87.     Compensation

           Division 4 - Powers to question persons

   88.     Power of authorised officers to require answers

           Division 5 - General

   89.     Offences
   90.     Provisions relating to requirements to furnish information or answer questions

   PART 10 - OFFENCES

           Division 1 - Proceedings for offences generally

   91.     Proceedings for Part 3, 4 or 5 offences
   92.     Proceedings for other offences
   92A.    Penalty notices
   93.     Time for commencing proceedings

           Division 2 - Who may institute proceedings for offences

   94.     EPA may institute proceedings
   95.     Other persons may institute proceedings with leave

           Division 3 - Restraint of breaches without prosecution for offence

   96.     Restraint of breaches

           Division 4 - General

   97.     Matters to be considered in imposing penalty
   98.     Offences by corporations
   99.     Onus of proof of reasonable excuse
   100.    (Repealed)

   PART 11 - MISCELLANEOUS

   101.    Act to bind Crown
   102.    Disputes between EPA and public authorities
   103.    False or misleading information
   104.    Publicity about contamination
   105.    Guidelines
   106.    Reasons for certain decisions
   107.    Disclosure of information
   108.    Service of notices
   109.    Relationship with other Acts
   110.    Effect of this Act on other rights, remedies and proceedings
   111.    (Repealed)
   111A.   Offset arrangements
   112.    Regulations
   113.    Repeal
   114.    (Repealed)
   115.    Savings and transitional provisions
   116.    Review of Act
           Schedule 1 (Repealed)
           SCHEDULE 2