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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  

  • 52 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  

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