New South Wales Consolidated Acts

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CONTAMINATED LAND MANAGEMENT ACT 1997

- As at 1 July 2017
- 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
   6.      Responsibility for contamination of land
   7.      Concept of notional owner
   8.      General functions of EPA
   9.      Need to maintain ecologically sustainable development

   PART 2 - (Repealed)
   None

   PART 3 - MANAGEMENT OF CONTAMINATED LAND

           Division 1 - Preliminary investigation of land

   10.     Preliminary investigation orders

           Division 2 - Regulation of significantly contaminated land

   11.     Declaring land to be significantly contaminated land
   12.     Matters to be considered before declaring land to be significantly contaminated land
   13.     Choice of appropriate person to be made subject to management order
   14.     Management orders
   15.     Details of management order
   16.     Actions that may be required by management order
   17.     Voluntary management proposals
           18-27. (Repealed)

           Division 3 - Ongoing maintenance of management action

   28.     Ongoing maintenance orders
   29.     Ongoing maintenance-restrictions and covenants

           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

   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 management orders

   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 issue clean-up and prevention notices

   PART 4 - SITE AUDITS

   47.     Definition
   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.     Record to be maintained by the EPA
   59.     Local authorities to be informed
   60.     Duty to report contamination

   PART 6 - APPEALS

   61.     Appeals about management orders
   62.     Determination of 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

   95A.    Orders regarding monetary benefits
   95B.    Additional orders

           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
   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)
           SCHEDULE 2


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