CONTAMINATED SITES ACT 2003 - SECT 49
CONTAMINATED SITES ACT 2003 - SECT 49
49 . Investigation notice
(1) An investigation
notice is to set out the requirements to be complied with to ensure that a
site is investigated, monitored and assessed.
(2) An investigation
notice is to be given only if, in the opinion of the CEO, there are grounds to
indicate —
(a) the
possible contamination of a site; and
(b) that
appropriate action to investigate, monitor or assess the site is not being, or
has not been, taken.
(3) An investigation
notice —
(a) is
to specify —
(i)
the name and address of the person to whom it is given;
(ii)
the reason for which it is given; and
(iii)
a description of the location and extent of the site
sufficient to identify it;
and
(b) is
to describe —
(i)
the form of investigation, monitoring and assessment to
be undertaken; and
(ii)
the content and form of information that is to be
reported to the CEO.
(4) Without limiting
subsection (1) or (3), an investigation notice may require a person on whom it
is binding to do one or more of the following —
(a) to
take such measures as the CEO considers necessary to investigate the nature
and extent of contamination and its consequences;
(b) to
prepare a management plan and submit it to the CEO;
(c) to
monitor the effectiveness of actions taken under paragraph (a);
(d) to
prepare a sampling and analysis programme for investigating the nature and
extent of contamination and give the programme to the CEO;
(e) to
prepare and implement a plan, in accordance with any relevant guidelines, for
informing and consulting with the community regarding the investigation of the
site;
(f) to
report to the CEO on any action taken under the notice and its outcome;
(g)
specify the time within which any requirement of the notice is to be complied
with.
(5) An investigation
notice may require a person on whom it is binding to do any thing referred to
in subsection (3) or (4) in accordance with an approval, direction or
requirement of a type specified in the notice by a person specified in the
notice.
(6) If, in order to
comply with an investigation notice, a person will need to enter land of which
the person is not an occupier, the notice —
(a) may
require the person to make reasonable attempts to obtain, within the time
specified in the notice, the permission of the occupier or owner, as is
relevant, to enter the land to take action to comply with the requirements of
the notice; and
(b) if a
requirement is made under (a), is to briefly and accurately describe the
effect of subsection (7).
(7) If a person on
whom a notice, which has a requirement referred to in subsection (6), is
binding fails to obtain the permission of the occupier or owner after making
reasonable attempts to do so within the time specified in the notice, the
person is to notify the CEO of that failure within 3 days after the latest day
on which the person was required to obtain the permission.