CONTAMINATED SITES ACT 2003 - SECT 10

CONTAMINATED SITES ACT 2003 - SECT 10

10 .         Exemptions from Act

        (1)         The Minister may, with the approval of the Governor, declare by order that all or any of the provisions of this Act specified in the order do not apply in respect of —

            (a)         any specified area of the State;

            (b)         any specified premises, act or thing; or

            (c)         all premises, acts or things comprised in a specified class or situated in a specified area of the State,

                if, in the opinion of the Minister —

            (d)         it is in the general interest of the public to do so; and

            (e)         no significant risk to human health, the environment or any environmental value will fail to be dealt with under this Act as a result of the order.

        (2)         Before making an order the Minister —

            (a)         is to consult with the Minister responsible for the administration of the Health Legislation Administration Act 1984 and, if possible, reach agreement on any proposed aspect of the order relating to human health; and

            (b)         may seek comments from any public authority or any person which or who has, in the opinion of the Minister, a direct interest in the proposed subject matter of the order.

        (3)         The Minister may —

            (a)         specify any conditions to which the order is subject; and

            (b)         require specified persons or members of specified classes of persons to comply with any condition to which the order is subject.

        (4)         The Minister is to fix the day on which an order made under subsection (1) comes into operation by notice to be published in the Gazette , unless the order is disallowed under section 42(2) of the Interpretation Act 1984 as applied by subsection (12).

        (5)         The day fixed under subsection (4) is to be after there is no longer any possibility of the order ceasing to have effect under section 42(2) of the Interpretation Act 1984 as applied by subsection (12).

        (6)         The Minister is to cause to be published in the Gazette in which an order is published a notice, for public information, setting out reasons for the making of the order.

        (7)         Despite any other provisions of this Act, an order has effect according to its tenor subject to subsection (8).

        (8)         An order ceases to have effect if —

            (a)         a condition to which it is subject ceases to exist or is contravened; or

            (b)         it is revoked under subsection (9).

        (9)         Subject to subsection (10), the Minister may, with the approval of the Governor, by order revoke an order made under subsection (1).

        (10)         Before revoking an order the Minister is to publish in the Gazette , at least 14 days before the day on which the Minister revokes the order, notice of the intention to revoke the order so that persons likely to be aggrieved by that revocation may make representations in writing to the Minister.

        (11)         A person must not contravene a condition to which an order is subject.

        Penalty: $250 000, and a daily penalty of $50 000.

        (12)         Section 42 of the Interpretation Act 1984 applies to an order as if that order were regulations within the meaning of that section, except that the reference in section 42(1) of that Act to 6 sitting days is for the purposes of this section to be construed as a reference to 9 sitting days.

        (13)         Nothing in this section affects or prevents the application of section 43(8)(d) of the Interpretation Act 1984 to regulations made under this Act.

        (14)         In this section —

        specified means specified in the order.