Western Australian Current Acts

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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 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 -- Classification of sites
           SCHEDULE 2 -- Matters in respect of which regulations may be made
           Compilation table


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