New South Wales Consolidated Acts

CONTAMINATED LAND MANAGEMENT ACT 1997 - SECT 29

29 Ongoing maintenance-restrictions and covenants

(1) This section applies to land that is not vested in the EPA and that has been the subject of a management order or an approved voluntary management proposal.

(2) The EPA may, under section 88E of the Conveyancing Act 1919 , impose restrictions on the use of, or impose public positive covenants on, any land to which this section applies for the purpose of the ongoing management of the land and may release or vary any such restriction or covenant.

(3) A public positive covenant or restriction imposed under this section may require any owner (for the time being) of the land to do one or more of the following in relation to the land:

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

(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.

(4) Despite section 88E of the Conveyancing Act 1919 :

(a) the memorandum or deed by which the restriction or covenant referred to in subsection (2) is imposed, released or varied:

(i) need be executed only by the EPA and not by any other person, and

(ii) does not require the agreement of any other person, and

(b) where a restriction or public positive covenant referred to in subsection (2) takes effect, the EPA may enforce it against any person.