ENVIRONMENT PROTECTION ACT 1993 - SECT 83A
ENVIRONMENT PROTECTION ACT 1993 - SECT 83A
83A—Notification of site contamination of underground water
(1) This section
applies to—
(a) an
owner or occupier of a site; or
(b) a
site contamination auditor or a site contamination consultant engaged for the
purposes of making determinations or assessments in relation to
site contamination on or below the surface of a site.
(2) A person to whom
this section applies must notify the Authority in writing as soon as
reasonably practicable after becoming aware of the existence of
site contamination at the site or in the vicinity of the site (whether arising
before or after the commencement of this section) that affects or threatens
water occurring naturally under the ground or introduced to an aquifer or
other area under the ground.
Maximum penalty:
(a) in
the case of a body corporate—$120 000;
(b) in
the case of a natural person—$60 000.
(3) The notification
must—
(a)
describe the location of the site contamination sufficient to identify it; and
(b)
include the information known to the person about the nature and extent of the
site contamination.
(4) For the purposes
of this section—
(a) a
person is not required to notify the Authority of a matter if the person has
reason to believe that the matter has already come to the notice of
the Authority or an officer engaged in the administration or enforcement of
this Act; but
(b) a
person is required to notify the Authority of a matter despite the fact that
to do so might incriminate the person or make the person liable to a penalty.
(5) A notification
given by a person in compliance with this section is not admissible in
evidence against the person in proceedings for an offence or for the
imposition of a penalty (other than proceedings in respect of the making of a
false or misleading statement).