New South Wales Consolidated Acts

CONTAMINATED LAND MANAGEMENT ACT 1997 - SECT 59

59 Local authorities to be informed

(1) The EPA must, as soon as practicable after the occurrence of any of the following in relation to land, inform the local authority for the area in which land is situated of that matter:

(a) the land being declared to be significantly contaminated land or ceasing to be significantly contaminated land,

(b) a management order in relation to the land being served on a person or being revoked,

(c) the EPA giving its approval or withdrawing its approval for a voluntary management proposal in relation to the land or a voluntary management proposal in relation to the land being completed to the satisfaction of the EPA,

(d) an ongoing maintenance order in relation to the land being served on a person or being revoked.

(2) For the purposes of section 149 of the Environmental Planning and Assessment Act 1979 , the following matters are prescribed in addition to any other matters, prescribed by the regulations under that section, to be specified in a certificate under that section:

(a) that the land to which the certificate relates is significantly contaminated land-if the land (or part of the land) is significantly contaminated land at the date when the certificate is issued,

(b) that the land to which the certificate relates is subject to a management order-if it is subject to such an order at the date when the certificate is issued,

(c) that the land to which the certificate relates is the subject of an approved voluntary management proposal-if it is the subject of such an approved proposal at the date when the certificate is issued,

(d) that the land to which the certificate relates is subject to an ongoing maintenance order-if it is subject to such an order at the date when the certificate is issued,

(e) that the land to which the certificate relates is the subject of a site audit statement-if a copy of such a statement has been provided at any time to the local authority issuing the certificate.

Note: Section 53B requires site auditors to furnish local authorities with copies of site audit statements relating to site audits for the purposes of statutory requirements.

(3) If a local authority, under section 149 (5) of the Environmental Planning and Assessment Act 1979 , includes advice in a certificate in relation to a matter set out in subsection (2) (a)-(e) that no longer applies to the land, the authority is to make this clear on the certificate.