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CONTAMINATED SITES ACT 2003 - SECT 37

CONTAMINATED SITES ACT 2003 - SECT 37

37 .         Notice to be given before decision made

                Before making a decision as to responsibility for remediation in respect of a person, the committee is to give written notice to that person —

            (a)         if the decision is proposed to be made in accordance with section 25, specifying —

                  (i)         the nature of the contamination that the committee reasonably suspects that the person caused, or contributed to; and

                  (ii)         the extent of the contamination that the committee reasonably suspects that the person caused, or contributed to;

            (b)         if the decision is proposed to be made in accordance with section 25(3), specifying the act that the committee reasonably suspects the person carried out without lawful authority and giving details of —

                  (i)         the conviction of the person for the offence that was constituted by the act; or

                  (ii)         any contravention described in paragraph (b) of the definition of “an act that was done without lawful authority” in section 25(5);

            (c)         if the decision is proposed to be made in accordance with section 26, specifying the change of use, or proposed change of use, to which the relevant land is, or is to be, put;

            (d)         setting out any other matters regarding responsibility for remediation that are relevant;

            (e)         informing the person that if the person wishes to disagree with any statements made in the notice the person may, within the time specified in the notice, make a written submission to the committee —

                  (i)         specifying any statement that the person disagrees with;

                  (ii)         giving reasons as to why the person disagrees with the statement; and

                  (iii)         providing any information or documents supporting the reasons given;

                and

            (f)         briefly and accurately summarising the effect of section 38.