CONTAMINATED SITES ACT 2003
Table of Provisions
PART 1 -- Preliminary
- 1 Short title
- 2 Commencement
- 3 Terms used in this Act
- 4 Meaning of “contaminated”
- 5 Meaning of “owner”
- 6 Meaning of “owner, occupier, mortgagee or lessee of a site”
- 7 State bound
- 8 Object and principles of Act
- 9 Effect on other laws
- 10 Exemptions from Act
PART 2 -- Reporting, classifying and recording sites
Division 1 -- Reporting of sites
- 11 Reporting of known, or suspected, contaminated sites
- 12 Programme for reporting sites
Division 2 -- Classification of sites
- 13 CEO to classify sites
- 14 Classification of reported sites
- 15 Notice of classification is to be given
- 16 Site classified as possibly contaminated -- investigation required
- 17 Database and records to be adjusted
Division 3 -- Appeals against classification
- 18 Appeals against classification
Division 4 -- Contaminated sites database and other records
- 19 Contaminated sites database -- public access
- 20 Other records to be kept
- 21 Public access to records
PART 3 -- Remediation of contaminated sites
Division 1 -- Person responsible for remediation
- 22 Reference to person responsible for remediation includes all persons responsible
- 23 Sites classified as contaminated -- remediation required are to be remediated
- 24 Who is responsible for remediation -- hierarchy of responsibility
- 25 Person who caused, or contributed to, contamination -- responsibility for remediation
- 26 Person who changes use of land -- responsibility for remediation
- 27 Land owners -- responsibility for remediation
- 28 Insolvent bodies corporate -- responsibility for remediation
- 29 State -- responsibility for remediation
- 30 Responsibility for remediation may be transferred
- 31 Mortgagee -- responsibility for remediation
- 32 Orphan sites
Division 2 -- Contaminated Sites Committee
- 33 Contaminated Sites Committee
- 34 Procedure of committee
Division 3 -- Decisions as to responsibility for remediation
- 35 Decisions as to responsibility for remediation
- 36 Committee to make decisions as to responsibility for remediation
- 37 Notice to be given before decision made
- 38 Matters to be taken into account in making a decision as to responsibility for remediation
- 39 Notice of decision to be given
- 40 Appeal from decision as to responsibility for remediation
PART 4 -- Investigation, clean up and hazard abatement notices
Division 1 -- General
- 41 Meaning of “notice” in this Part
- 42 Person to whom a notice may be given
- 43 Notice to be complied with
- 44 Auditor’s report in relation to notice
- 45 Cancellation of notices
- 46 Notice may be amended, or additional notice may be given
Division 2 -- Person on whom notice is binding
- 47 Person on whom notice is binding
- 48 Certain notices binding on new owners
Division 3 -- Types of notices
- 49 Investigation notice
- 50 Clean up notice
- 51 Hazard abatement notice
Division 4 -- Appeals from notices
PART 5 -- Provisions relating to remediation and notices
Division 1 -- Powers of CEO in respect of remediation, investigation and ensuring compliance with notices
- 53 Powers in respect of remediation, investigation and ensuring compliance with notices
- 54 Where entry to a site, or the taking of action, to comply with notice or to remediate refused
Division 2 -- Recovery of cost, and liability for losses, in some circumstances
- 55 State may recover cost in some circumstances
- 56 Person may recover cost in some circumstances
- 57 Liability for losses
Division 3 -- Memorials
- 58 Memorial is to be lodged if notice given, or land classified as contaminated
- 59 Notice of memorial to be given
Division 4 -- Contaminated Sites Management Account
- 60 Contaminated Sites Management Account
PART 6 -- Certificates of contamination audit, exemption certificates and disclosure statements
Division 1 -- Interpretation
- 61 Meaning of “land” in this Part
Division 2 -- Certificate of contamination audit
- 62 Request for certificate of contamination audit
- 63 Certificate of contamination audit
Division 3 -- Disclosure regarding contamination, and exemption certificates
- 64 Disclosure statement made within 2 years of commencement of Act
- 65 Exemption certificates
- 66 Cancellation or amendment of exemption certificate
- 67 Appeals regarding exemption certificates
- 68 Disclosure required to potential owners of certain land before change of ownership occurs
PART 7 -- Contaminated sites auditors
Division 1 -- Accreditation
- 69 Accredited auditors
- 70 Authority of accredited auditor
- 71 Offences relating to accreditation
- 72 No action may be taken with respect to accreditation
Division 2 -- Mandatory auditor’s reports
- 73 Certification of mandatory auditor’s reports
- 74 Offences relating to mandatory auditor’s reports
- 75 Self-incriminatory information not exempt
- 76 Use of information
PART 8 -- Appeals
Division 1 -- Appeals from decisions of the committee
- 77 Appeals as to responsibility for remediation and exemption certificates
- 78 Supreme Court to hear and determine appeals on questions of law
Division 2 -- Other appeals
- 79 Lodging of appeals under section 18 or
80. Preliminary action in respect of certain appeals
- 81 Reports under section
- 82 Decision of committee
- 83 Implementation by CEO of decisions on appeal
PART 9 -- Enforcement
- 84 Who can take proceedings for offences
- 85 Time for bringing prosecutions
- 86 Evidentiary provisions
- 87 Daily penalties
- 88 Attempt, incitement and accessory after the fact
- 89 Inspectors, authorised officers and analysts
- 90 Additional powers available to the court
PART 10 -- General
- 91 Delegation
- 92 Other provisions of EP Act apply
- 93 CEO may request information on wells
- 94 False or misleading information
- 95 Victimisation
- 96 Confidentiality
- 97 Guidelines
- 98 Regulations
- 99 Review of Act