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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PART 2 - (Repealed)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

PART 3 - MANAGEMENT OF CONTAMINATED LAND

Division 1 - Preliminary investigation of land

Division 2 - Regulation of significantly contaminated land

Division 3 - Ongoing maintenance of management action

Division 4 - Action by public authority

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 4 - SITE AUDITS

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 (Repealed)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)

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