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CONTAMINATED SITES ACT 2003 - SECT 48

CONTAMINATED SITES ACT 2003 - SECT 48

48 .         Certain notices binding on new owners

        (1)         Subject to subsections (2) and (3), a notice —

            (a)         in respect of which a memorial under section 58 is registered in respect of land; and

            (b)         which is binding on an owner of the land,

                becomes binding on each person who becomes an owner of the land at the time that the person becomes such an owner.

        (2)         A clean up notice, or an investigation notice, in respect of which a memorial under section 58 is registered in respect of land, does not become binding on a person who becomes an owner of the land because the person is a mortgagee in possession, until 45 days after the day on which the person became an owner of the land.

        (3)         A clean up notice does not become binding on a person under subsection (2) if, and to the extent that, within that 45 days, the relevant responsibility for remediation is transferred to the State under section 31.