CONTAMINATED SITES ACT 2003 - SECT 29

CONTAMINATED SITES ACT 2003 - SECT 29

29 .         State — responsibility for remediation

        (1)         The State is responsible for remediation of a site to the extent that —

            (a)         the contamination of the site was a direct and unavoidable result of a direction given, or an action carried out, by a public authority, other than a local authority, unless the contamination resulted from a reasonable direction given, or a reasonable act carried out, in an emergency situation to save life or to protect property or the environment;

            (b)         the contamination was present, or was caused or contributed to by contamination that was present, on land that comprised all, or part, of the site and in respect of which a certificate of contamination audit was given which, at the time the certificate was given —

                  (i)         failed to identify the contamination due to a failure under section 63(4) to take into account —

                        (I)         any relevant guideline;

        (II)         any currently accepted industrial standard; or

        (III)         any other information contained in, or accompanying, the request for the certificate of contamination audit;

                or

                  (ii)         identified the contamination, but failed to classify the site as contaminated — remediation required , contamination — restricted use or remediated for restricted use as a result of that contamination being identified;

            (c)         no other person is responsible for remediation of the site in accordance with section 24;

            (d)         if it has been decided by the committee that a person who is responsible for remediation of the site in accordance with section 24 —

                  (i)         cannot be identified or found; or

                  (ii)         cannot be made to assume responsibility for the remediation,

                after reasonable attempts have been made to do so;

            (e)         a person responsible for remediation of the site in accordance with section 24 is insolvent;

            (f)         an owner is not responsible for remediation of the site in accordance with section 27(3); or

            (g)         responsibility for remediation is transferred to the State under section 30(1)(b) or 31.

        (2)         A decision of the committee under subsection (1)(d) is a decision as to responsibility for remediation to which Part 3 Division 3 applies.

        (3)         The CEO is to take such action as the CEO considers necessary, with such assistance as the CEO considers necessary, to investigate and remediate a site for which, and to the extent to which, the State is responsible for remediation.

        (4)         Subject to sections 87 and 88 of the EP Act, an authorised person or an inspector may assist the CEO to take any action under subsection (3), if the CEO so requests .