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 .