CONTAMINATED SITES ACT 2003 - SECT 42
CONTAMINATED SITES ACT 2003 - SECT 42
42 . Person to whom a notice may be given
(1) The CEO may, in
his or her discretion, give a notice to any of the following persons —
(a) if
given in relation to a site classified as contaminated — remediation
required , a person responsible for remediation of the site;
(b) a
person who, in the opinion of the CEO, would be a person responsible for
remediation of the site if the land to which the notice relates was land that
comprised all, or part, of a site classified as contaminated —
remediation required ;
(c) an
owner or occupier of land that comprises all, or part, of the site to which
the notice relates.
(2) The CEO may give
more than one notice in respect of particular land or a particular site or to
a particular person.
(3) A notice is to
—
(a) be
in writing; and
(b)
contain details of any appeal available under this Act in respect of the
notice.
(4) Each owner and
occupier of a site in relation to which a notice is given who has not been
given the notice is to be provided with a copy of the notice by the CEO within
10 days after the day on which the notice was given, or the CEO is to ensure
that reasonable attempts have been made to do so.
(5) Before giving a
notice the CEO —
(a) is
to consult with the CEO of the Health Department and, if possible, reach
agreement on the requirements of the notice that relate to human health; 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 site.
(6) If the CEO and the
CEO of the Health Department cannot agree on the requirements of a notice that
relates to human health the Minister and the Minister responsible for the
administration of the Health Legislation Administration Act 1984 are jointly
to appoint a person to decide what the requirements of the notice will be.