CONTAMINATED LAND MANAGEMENT ACT 1997 - As at 14 March 2024 - Act 140 of 1997
- As at 14 March 2024
- Act 140 of 1997
Table of Provisions
PART 1 - PRELIMINARY
PART 2 - (Repealed)
None
Division 1 - Preliminary investigation of land
Division 3 - Ongoing maintenance of management action
Division 5 - Entry on land
- 32 Refusal of entry on land
- 33 Liability for losses
Division 6 - Costs
- 33A Recovery of money under this Division
- 34 Recovery of EPA's costs
- 35 Recovery of public authority's costs in carrying out order
- 36 Recovery of other costs
- 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 6A - Financial assurances for actions required by relevant orders, restrictions and covenants
- 42A Application of Division
- 42B Restriction on requiring financial assurance
- 42C Form of financial assurance
- 42D Amount of financial assurance
- 42E Guidelines about financial assurances
- 42F Carrying out of action when assurer fails to do so
- 42G Claim on or realising of financial assurance
- 42H Lapsing of financial assurance
- 42I Liability of EPA, State and others
- 42J Financial assurance not to affect other action
- 42K Disputes regarding claim on or realisation of financial assurance
Division 7 - General
- 43 Multiple orders and notices
- 44 Amendment or repeal of orders and notices
- 45 Obstruction of persons
- 46 EPA may give clean-up and prevention notices
PART 5 - INFORMATION
- 58 Record to be maintained by the EPA
- 59 Local authorities to be informed
- 60 Duty to report contamination
PART 6 - APPEALS
PART 7 - ORDERS AGAINST DIRECTORS OR COMPANIES TO MANAGE CONTAMINATION 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, 68. (Repealed)
- 69 Proof of certain matters not required
- 70 Documentary evidence generally
- 71 Certificate evidence of certain matters
- 72 Evidence of analysts
PART 9 - (Repealed)
None
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 2A - Court orders in connection with offences
- 95AA Operation of Division
- 95AB Orders generally
- 95AC Orders for restoration and prevention
- 95AD Orders for costs, expenses and compensation at time offence proved
- 95AE Recovery of costs, expenses and compensation after offence proved
- 95AF Orders regarding costs and expenses of investigation
- 95A Orders regarding monetary benefits
- 95B Additional orders
Division 2B - Civil proceedings to recover particular monetary benefits
Division 3 - Civil proceedings to remedy or restrain breaches of Act or harm to environment or to enforce undertakings
- 96 Restraint of breaches
- 96A Enforcement of undertakings
Division 4 - General
- 96B Application of Chapter 7 of Protection of the Environment Operations Act 1997
- 96C Powers of entry
- 97 Matters to be considered in imposing penalty
- 98 Liability of directors etc for offences by corporation--offences attracting executive liability
- 98A Liability of directors etc for offences by corporation--accessory to the commission of the offences
- 98B Evidence as to state of mind of corporation
- 99 Onus of proof of reasonable excuse
- 100 Continuing offences
PART 11 - MISCELLANEOUS
- 101 Act to bind Crown
- 102 Disputes between EPA and public authorities
- 103 False or misleading information
- 103A Receiving monetary benefits
- 104 Publicity about contamination
- 105 Guidelines
- 106 Reasons for certain decisions
- 107 Disclosure of information
- 108 Service of documents
- 108A Continuing effect of notices, orders and conditions
- 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)