CONTAMINATED LAND MANAGEMENT ACT 1997 - SECT 111A Offset arrangements

CONTAMINATED LAND MANAGEMENT ACT 1997 - SECT 111A

111A Offset arrangements

(1) The Minister may, if he or she considers it to be in the public interest to do so, enter into offset arrangements with a person responsible for the contamination of land under which the person provides assistance (other than direct monetary assistance) to communities affected by the contamination.

Note : Assistance may, amongst other things, include the provision of community facilities or community services or the establishment and operation of environmental or resource projects.

(2) Despite subsection (1), the Minister is not to enter into offset arrangements with a person who is or has been an approved party to a voluntary management proposal in respect of land that has been the subject of that proposal if--

(a) the person has not complied with the approved voluntary management proposal or a condition to which the proposal is subject, or

(b) the voluntary management proposal was approved on the basis of false or misleading information provided by the person.

(3) Offset arrangements may be entered only if the Minister reasonably considers that it would not be practicable to remediate the contamination within a reasonable time.

(4) Offset arrangements are to be in writing and may specify the circumstances and manner in which functions under this Act are to be exercised if the assistance is duly provided and any such function is to be exercised accordingly.