ENVIRONMENT PROTECTION ACT 1993 - SECT 103O
ENVIRONMENT PROTECTION ACT 1993 - SECT 103O
103O—Registration of site contamination assessment orders or
site remediation orders in relation to land
(1) Where a site
contamination assessment order or site remediation order has been issued under
this Division, the Authority may do either or both of the following:
(a) if
the order was issued to an owner or occupier of the site—apply to the
Registrar-General for registration of the order in relation to the site;
(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) An application
under this section must—
(a)
describe the land to which it relates; and
(b) do
either or both of the following as the case may require:
(i)
state that the registration of the order in relation to
the land will, by virtue of subsection (4), result in the order becoming
binding on each owner from time to time of the land;
(ii)
state that the registration of the order in relation to
the land is to operate as the basis for a charge on land owned by the person
to whom the order was issued, as provided by this Division, securing payment
to the Authority of costs and expenses incurred in taking action in the event
of non-compliance with requirements of the order or in taking action in
pursuance of the order.
(3) The
Registrar-General must, on application by the Authority under
subsection (1) and lodgement of a copy of the
site contamination assessment order or site remediation order, register the
order 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.
(4) Where a site
contamination assessment order or a site remediation order (other than an
order authorising remediation of a site by authorised officers or other
persons authorised by the Authority) was issued to an owner or occupier of the
site and is registered under this section in relation to the site—
(a) the
order is binding on each owner from time to time of the site, and this
Division applies as if the order had been issued to each owner; and
(b) a
person who ceases to be an owner of the site must, as soon as reasonably
practicable, notify the Authority in writing of the name and address of the
new owner.
(5) Where a site
contamination assessment order or site remediation order is registered under
this section in relation to a site, the Authority must, as soon as reasonably
practicable, notify, in writing, each owner of the site of the registration
and of the obligations of owners under subsection (4).
(6) A person who fails
to comply with subsection (4)(b) is guilty of an offence.
Maximum penalty: $4 000.
(7) The
Registrar-General must, on application by the Authority, cancel the
registration of a site contamination assessment order or site remediation
order in relation to land 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 may,
if it thinks fit, apply to the Registrar-General for cancellation of the
registration of a site contamination assessment order or
site remediation order in relation to land, and must do so—
(a) on
revocation of the order; or
(b) on
full compliance with the requirements of the order; or
(c) if
the Authority takes action under this Division to carry out the requirements
of the order—on payment to the Authority of the amount recoverable by
the Authority under this Division in relation to the action so taken.