ENVIRONMENT PROTECTION ACT 2017 - SECT 275 Site management orders
ENVIRONMENT PROTECTION ACT 2017 - SECT 275
Site management orders(1) Subject to subsection (4), the Authority may issue a site management order in respect of any site (other than a prescribed site) if the Authority reasonably believes that long-term management of the site is necessary because land on the site is contaminated, or there is harm or a risk of harm to human health or the environment from pollution or waste.
(2) For the purposes of subsection (1), the Authority may consider harm that would be caused or would be likely to be caused if—
(a) an existing measure is not maintained or modified; or
(b) a new measure is not put in place; or
(c) a specific event, activity or land use takes place on the site.
(3) A site management order may be issued to any of the following persons—
(a) the current owner or occupier of the site;
(b) in the case of a site that is on Crown land, the person that has the management or control of the land for the time being.
(4) The Authority must consult with the Minister administering the Mineral Resources (Sustainable Development) Act 1990 before issuing a site management order to a person in respect of—
(a) a mine (within the meaning of that Act); or
(b) a site where extractive industry (within the meaning of that Act) is occurring or has occurred.
(5) A site management order must—
(a) describe the site to which it applies; and
(b) set out the grounds on which it is issued; and
(c) set out the measures to be undertaken.
(6) A site management order may—
(a) specify a time within which to undertake a measure; or
(b) specify that a measure must be undertaken until a specified event or circumstance occurs or a specified outcome is achieved; or
(c) not specify any time frame.
(7) The measures that may be set out in a site management order include, but are not limited to, any of the following—
(a) developing or implementing a plan for managing environmental risks on the site;
(b) installing management infrastructure or monitoring equipment;
(c) undertaking monitoring activities;
(d) reporting to the Authority or another specified person on specified matters at specified periods;
(e) notifying the Authority or another specified person if a specified event occurs;
(f) undertaking a specified course of action if a specified event occurs;
(g) maintaining or increasing any management control measures that are already being undertaken on the site;
(h) not carrying out, or allowing other persons to carry out, any specified activities on the site;
(i) not using the site, or allowing other persons to use the site, for specified purposes;
(j) long-term or passive remediation actions.
Note
The Authority can require the occupier of a site that is the subject of a site management order to make a financial assurance—see Part 8.4.
(8) A site management order operates for the period specified in the order (if any) and may operate indefinitely.
(9) The Authority may vary or revoke a site management order as it considers appropriate, either on its own motion or on application under section 277.
(10) The Authority must revoke a site management order if it considers that long term management of the site is no longer necessary.
S. 275(11) amended by No. 35/2023 s. 41.
(11) A person in management or control of land may recover in a court of competent jurisdiction, as a debt due to the person, any reasonable costs incurred in complying with a site management order, including any reasonable costs incurred by the person in taking action under this section, against any person responsible for causing or contributing to contamination of the land or harm or the risk of harm to human health or to the environment from pollution or waste.
S. 276 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12− 30, 3/2020 ss 42– 44, 47/2020 s. 26).