(1) A person whose activities have contaminatedland must notify the EPA in
writing in accordance with this section that the land has been so
contaminated.
: Maximum penalty--
(a) for a corporation--$2,000,000 and, for a
continuing offence, a further penalty of $240,000 for each day the offence
continues, or
(b) for an individual--$500,000 and, for a continuing offence,
a further penalty of $120,000 for each day the offence continues.
(a) for a
corporation--$2,000,000 and, for a continuing offence, a further penalty of
$240,000 for each day the offence continues, or
(b) for an
individual--$500,000 and, for a continuing offence, a further penalty of
$120,000 for each day the offence continues.
(3) A person is required to
notify the EPA under subsection (1) or (2) only if--
(a) each of the following
is true--
(i) the substance contaminating the land (the
"contaminant" ) or any by-product of the contaminant has entered or will
foreseeably enter neighbouring land, the atmosphere, groundwater or surface
water,
(ii) the regulations prescribe for the purposes of this subparagraph,
or the guidelines specify, a level of the contaminant or by-product in the
neighbouring land, atmosphere, groundwater or surface water,
(iii) the level
of the contaminant or by-product after that entry is, or will foreseeably be,
above the level prescribed or specified and will foreseeably continue to
remain above that level, or
(c) the contamination meets any other criteria that may be
prescribed by the regulations for the purposes of this subsection.
(4) A
person is required to notify the EPA under this section as soon as practicable
after the person becomes aware of the contamination.
(5) A person is taken to
be aware of contamination for the purposes of this section if the person ought
reasonably to have been aware of the contamination.
(6) A notice under this
section is to be in a form approved by the EPA and is to specify the following
matters to the extent that they are within the knowledge of the person
required to give the notice--
(e)
any other matter prescribed by the regulations.
(7) Information provided by a
person for the purpose of complying with this section is not admissible as
evidence in any proceedings against that person for an offence under the
environment protection legislation (except in proceedings for an offence under
this section).
(8) The EPA may identify land as
significantly contaminated land or make an order under Part 3 in respect of
any person, whether or not the person has notified the EPA in accordance with
this section.
(9) The following are to be taken into account in determining
when a person should reasonably have become aware of contamination--
(a) the
person's abilities, including his or her experience, qualifications and
training,
(b) whether the person could reasonably have sought advice that
would have made the person aware of the contamination,
(10) The regulations may exempt, or provide for the
exemption of--
(a) any person or class of persons, or
(b) any premises or
class of premises, or
(c) any area or class of areas, or
(d) any activity or
class of activities, or
(e) any other matter or thing or class of matters or
things,
from any specified provision or provisions of this section in such
circumstances (if any) and subject to such conditions (if any) as may be
specified or referred to in the regulations.
(11) In this section, a
reference to the
"level" of a contaminant or by-product of a contaminant includes a reference
to the concentration of the contaminant or by-product.
Note : An offence
against subsection (1) or (2) committed by a corporation is an executive
liability offence attracting executive liability for a director or other
person involved in the management of the corporation--see section 98.
