CONTAMINATED SITES ACT 2003 - SECT 13

CONTAMINATED SITES ACT 2003 - SECT 13

13 .         CEO to classify sites

        (1)         Subject to this section, the CEO is to classify a site when required to do so under this Act, and may classify a site at any other time.

        (2)         The CEO may classify a site more than once and a site is classified as of the classification most recently conferred on it.

        (3)         The CEO is to classify a site as of the classification set out in the first column of Schedule 1 which corresponds, in the CEO’s opinion, on reasonable grounds, to the criterion that applies to the site set out opposite the classification in the second column of that Schedule.

        (4)         In classifying a site the CEO is to take into account —

            (a)         any relevant guidelines;

            (b)         currently accepted industrial standards; and

            (c)         any other information the CEO considers relevant,

                with respect to the identification, assessment, classification or management of contamination.

        (5)         Before classifying a site the CEO —

            (a)         is to consult with the CEO of the Health Department and, if possible, reach agreement on the classification of the site; and

            (b)         may seek comments from any public authority or any person which or who has, in the opinion of the CEO, a direct interest in the classification of the site.

        (6)         If the CEO and the CEO of the Health Department cannot agree on the classification of a site the Minister and the Minister responsible for the administration of the Health Legislation Administration Act 1984 are to appoint a person to classify the site.