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CONTAMINATED SITES ACT 2003 - SECT 52

CONTAMINATED SITES ACT 2003 - SECT 52

52 .         Appeals from notices

        (1)         Subject to subsection (5), a person on whom an investigation notice or a clean up notice is binding may appeal against a requirement of the notice.

        (2)         Subject to subsection (3), a person may appeal against a decision of the CEO —

            (a)         under section 42(1) to give the person a notice; or

            (b)         under section 54(1)(d) that a notice is binding on the person.

        (3)         A person —

            (a)         who is an owner or occupier of a site to which a notice relates, other than an owner or occupier on whom a notice is binding as a result of a decision made under section 54(1)(d); or

            (b)         who is responsible for remediation of a site to which a notice relates,

                may not appeal against a decision referred to in subsection (2).

        (4)         Subsection (3)(b) does not affect the right of a person to appeal under section 40.

        (5)         An appeal is to be brought, dealt with and determined in accordance with Part 8.