CONTAMINATED SITES ACT 2003
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 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