New South Wales Consolidated Acts

CONTAMINATED LAND MANAGEMENT ACT 1997 - SECT 28

28 Ongoing maintenance orders

(1) This section applies to land that has been the subject of a management order or an approved voluntary management proposal (whether or not the land is significantly contaminated land).

(2) The EPA may, by order in writing served on a person who is an owner or occupier of land to which this section applies, direct the person to do one or more of the following in relation to the land, commencing within such reasonable time as may be specified in the order:

(a) to carry out any ongoing management of the land that is specified in the order,

(b) to provide reports to the EPA or any other specified person at specified periods or on the occurrence of any specified event,

(c) to inform the EPA of any change in the ownership or occupancy of the land, to the extent that the person is aware of the change,

(d) to not carry out specified activities on the land and to not permit other persons to carry out any such activities on the land,

(e) to not use the land for specified purposes and to not permit other persons to use the land for those purposes,

(f) to carry out any other requirement in relation to the ongoing monitoring and maintenance of the land that is prescribed by the regulations.

(3) An ongoing maintenance order is to specify when it ceases to have effect by reference to:

(a) the end of a specified period, or

(b) the occurrence of a specified event or set of circumstances, or

(c) such time as the person served with the order ceases to be the owner or occupier (as the case requires) of the land.

(4) A person must comply with an ongoing maintenance order that is served on the person.

Maximum penalty:

(a) in the case of a corporation-600 penalty units, or

(b) in the case of an individual-300 penalty units.