ENVIRONMENT PROTECTION ACT 1993 - SECT 101
ENVIRONMENT PROTECTION ACT 1993 - SECT 101
101—Registration of clean-up orders or clean-up authorisations in
relation to land
(1) Where a clean-up
order has been issued under this Division, the Authority or, if the order was
registered by another administering agency, that administering agency may do
either or both of the following:
(a) if
the order was issued to a person requiring action to be taken in relation to
land owned or occupied by the person—apply to the Registrar-General for
registration of the order in relation to that land;
(b)
apply to the Registrar-General for registration of the order in relation to
land owned by a person to whom the order was issued.
(2) Where a clean-up
authorisation has been issued under this Division, the Authority may apply to
the Registrar-General for registration of the authorisation in relation to
land owned by the person whose contravention gave rise to the issuing of the
authorisation.
(3) An application
under this section must—
(a)
define the land to which it relates; and
(b) in
the case of—
(i)
an application for registration of a
clean-up order—state that registration of the order in relation to the
land—
(A) will, by virtue of subsection (5),
result in the order becoming binding on each owner and occupier from time to
time of the land; or
(B) is to operate as the basis for a charge
on the land, as provided by this Division, securing payment to the Authority
or other administering agency of costs and expenses incurred in the event of
non-compliance with requirements of the order,
or both, as the case may require; or
(ii)
an application for registration of a clean-up
authorisation—state that registration of the authorisation in relation
to the land is to operate as the basis for a charge on the land, as provided
by this Division, securing payment to the Authority of costs and expenses
incurred in taking action in pursuance of the authorisation.
(4) The
Registrar-General must on—
(a)
application by the Authority or another administering agency under
subsection (1) or the Authority under subsection (2); and
(b)
lodgement of a copy of the clean-up order or clean-up authorisation,
register the order or authorisation in relation to the land by making such
entries in any register book, memorial or other book or record in the Lands
Titles Registration Office or in the General Registry Office as he or she
thinks fit.
(a) a
clean-up order has been issued to a person requiring action to be taken in
relation to land owned or occupied by the person; and
(b) the
order is registered under this section in relation to the land,
the following provisions apply:
(c) the
order is binding on each owner and occupier from time to time of the land and
this Division (including subsection (1)(b)) applies as if the order had
been issued to each such person;
(d) an
owner or occupier of the land who ceases to own or occupy the land must, as
soon as reasonably practicable, notify the Authority or, if the order was
issued by another administering agency, that administering agency, in writing
of the name and address of the new owner or occupier.
(5a) If a clean-up
order is registered under this section in relation to land, the Authority or,
if the order was issued by another administering agency, that
administering agency, must, as soon as reasonably practicable, notify, in
writing, each owner of the land and the occupier of the land of the
registration and of the obligations of owners and occupiers under
subsection (5).
(5b) A notice to be
given to the occupier of land under
subsection (5a) may be given by addressing it to the "occupier" and
posting it to, or leaving it at, the land.
(6) A person who fails
to comply with subsection (5)(d) is guilty of an offence.
Maximum penalty: $4 000.
(7) The
Registrar-General must—
(a) on
application by the Authority, cancel the registration of a clean-up order or
clean-up authorisation that has been registered in relation to land; or
(b) if a
clean-up order that has been registered in relation to land was issued by
another administering agency, on application by the administering agency,
cancel the registration of the clean-up order,
and make such endorsements to that effect in the appropriate register book,
memorial or other book or record in respect of the land as he or she thinks
fit.
(8) The Authority or
another administering agency may, if it thinks fit, apply to the
Registrar-General for cancellation of the registration of a clean-up order or
clean-up authorisation that has been registered in relation to land on the
application of the Authority or other administering agency (as the case may
be), and must do so—
(a) on
revocation of the order or authorisation; or
(b) in
relation to—
(i)
an order—
(A) on full compliance with the
requirements of the order; or
(B) where the Authority or other
administering agency takes action under this Division to carry out the
requirements of the order—on payment to the Authority or other
administering agency of the amount recoverable by the Authority or other
administering agency under this Division in relation to the action so taken;
or
(ii)
an authorisation—on payment to the Authority of the
amount recoverable by the Authority under this Division in relation to the
action taken in pursuance of the authorisation.