(1) The EPA may, by order in writing served on a person who is an
appropriate person or a public authority, direct the person to do one or both
of the following in relation to significantly contaminated land, within such
reasonable time as is specified in the order--
(a) carry out any action in
relation to the management of the land that may be specified in the order in
accordance with this Division,
(b) submit for the EPA's approval a
plan of management of the land (a
"plan of management" ).
(1A) A management order may, in accordance with
Division 6A, require the person to whom the order is directed to provide
financial assurance to secure or guarantee funding for or towards the carrying
out of an action required by or under the order.
(2) The EPA must serve a
copy of the management order on each of the following persons in addition to
any person on whom the management order has been served under subsection (1)--
(a) the owner of the land (or, if the EPA does not know the identity or
address of the owner, any notional owner of the land whose identity and
address are known to the EPA), and
(b) those persons (whose identities and
addresses are known to the EPA) who the EPA has reason to believe may be
responsible for the significant contamination of the land.
(4)
The EPA must not serve a management order on a person unless it has considered
any submissions it has received in accordance with section 11 (2) (e) as to
whether the management order should be made.
(5) Despite subsection (4), the
EPA may serve a management order on a person at any time if it considers that
it is in the public interest to do so.
(6) A person (other than a
public authority that is not an interested person with respect to the relevant
land) served with a management order must not, without reasonable excuse, fail
to comply with any direction or other requirement specified by the order
within the time specified by the order.
: Maximum penalty--
(a) in the case of
a corporation--$1,000,000 (if responsible for the contamination) or $137,500
(in any other case) and, in the case of a continuing offence, a further
penalty of $120,000 for each day the offence continues, or
(b) in the case of
an individual--$250,000 (if responsible for the contamination) or $66,000 (in
any other case) and, in the case of a continuing offence, a further penalty of
$60,000 for each day the offence continues.
(7) Without limiting subsection
(6), a person has a reasonable excuse if the person was unable to enter land
because of the refusal of access to the land by its occupier in circumstances
where entry to that land was essential to enable the person to comply with the
relevant part of the management order.
