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ENVIRONMENT PROTECTION ACT 1993 - SECT 103L

ENVIRONMENT PROTECTION ACT 1993 - SECT 103L

103L—Entry onto land by person to whom order is issued

        (1)         A site contamination assessment order or a site remediation order does not confer on the person to whom it is issued a power to enter land of which that person is not an occupier, to remain on such land or to do anything on such land, without the permission of—

            (a)         the occupier of the land; and

            (b)         the owner of the land (unless the order has been issued to the owner or the occupier is the owner).

        (2)         However—

            (a)         if permission is withheld or withdrawn by the owner, the Authority may—

                  (i)         revoke, suspend or vary the order; and

                  (ii)         if the owner has been warned of the possible consequences of withholding or withdrawing permission, issue a site contamination assessment order or a site remediation order in respect of the land to the owner as if the owner were the appropriate person;

            (b)         if permission is withheld or withdrawn by the occupier, the Authority may—

                  (i)         revoke, suspend or vary the order; and

                  (ii)         if the occupier has been warned of the possible consequences of withholding or withdrawing permission, issue a site contamination assessment order or a site remediation order in respect of the land to the occupier as if the occupier were the appropriate person.

        (3)         If a site remediation order is issued under subsection (2), this Act applies as if no person other than the person issued with the order has liability for site contamination described in the order in respect of the land.