Western Australian Consolidated Acts Western Australian Consolidated Acts
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 52
80. Preliminary action in respect of certain appeals
81. Reports under section 80
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
SCHEDULE 1
SCHEDULE 2 -- Matters in respect of which regulations may be made
Compilation table
[Reprinted under the Reprints Act 1984 as at 9 February 2007]