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ENVIRONMENT PROTECTION ACT 1993 - SECT 103D

ENVIRONMENT PROTECTION ACT 1993 - SECT 103D

103D—Causing site contamination

        (1)         For the purposes of this Act, a person is to be taken to have "caused" site contamination if the person was the occupier of land when there was an activity at the land that caused or contributed to the site contamination.

        (2)         If site contamination would not have resulted at a site but for a change of use of a kind prescribed by regulation (whether the change occurred before or after the commencement of this Part or this Act), the person who brought about the change of use of the site is to be taken to have "caused" the site contamination for the purposes of this Act.

        (3)         The operation of subsection (2) in a particular case is not to be taken to exclude the possibility of another person or persons also having caused the site contamination under subsection (1).

        (4)         For the purposes of subsection (2), a person does not bring about a change of use of a site because the person was a relevant authority that granted a consent or approval in respect of the site under the Planning, Development and Infrastructure Act 2016 .