New South Wales Consolidated Acts

CONTAMINATED LAND MANAGEMENT ACT 1997 - SECT 14

14 Management orders

(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").

(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.

(3) A management order may adopt, with or without modification, a plan of management submitted in accordance with a previous management order or, at the discretion of the EPA, a plan recommended by the EPA or submitted by a site auditor.

(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 the order.

Maximum penalty:

(a) in the case of a corporation-1,250 penalty units and, in the case of a continuing offence, a further penalty of 600 penalty units for each day the offence continues, or

(b) in the case of an individual-600 penalty units and, in the case of a continuing offence, a further penalty of 300 penalty units 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.

(8) If land ceases to be significantly contaminated land, all management orders in force in relation to the land cease to have effect.