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CONTAMINATED SITES ACT 2003 - SECT 12

CONTAMINATED SITES ACT 2003 - SECT 12

12 .         Programme for reporting sites

        (1)         The CEO may approve a programme for the identification and reporting of sites described in the programme if the CEO is of the opinion that it is necessary or desirable to do so due to the number of sites or the complexity of adequately identifying sites or the location and extent of sites.

        (2)         A programme may be approved under subsection (1) only if the programme is submitted to the CEO for approval within 6 months after the commencement of this Act.

        (3)         A programme submitted to the CEO is to specify —

            (a)         the sites or types of sites to be identified and reported under the programme;

            (b)         the methods to be used to identify the sites to be reported under the programme;

            (c)         the timetable proposed for the identification and reporting of sites under the programme;

            (d)         the time within which the programme is to be completed; and

            (e)         reasons why it is considered necessary or desirable for the sites to be identified and reported under this section.

        (4)         The CEO may, by written notice given to a person who has had a programme approved under subsection (1), amend the programme subject to subsection (5).

        (5)         A programme is not to be amended so as to —

            (a)         reduce the time within which the programme is to be completed; or

            (b)         increase the extent of the identification or reporting to be carried out under the programme,

                unless the person who submitted the programme for approval has agreed in writing to the amendment.

        (6)         A person who has had a programme for the reporting of sites approved under subsection (1) must ensure that sites are identified and reported —

            (a)         in accordance with the programme; and

            (b)         within the time specified in the programme for the completion of the programme.

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

        (7)         In subsection (6)(a) —

        programme includes, where relevant, a programme as amended under this section.