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CONTAMINATED SITES ACT 2003 - SECT 53

CONTAMINATED SITES ACT 2003 - SECT 53

53 .         Powers in respect of remediation, investigation and ensuring compliance with notices

        (1)         The CEO may, with such assistance as the CEO considers necessary, enter on any land —

            (a)         in respect of which the CEO is authorised to take action under section 43(2) and on that land may take such action as the CEO considers necessary to ensure that the requirements of the relevant notice are complied with; or

            (b)         that comprises all, or part, of a site in respect of which the State is responsible for remediation under section 29 and on that land may take such action as the CEO considers necessary to investigate and remediate the site to the extent to which the State is responsible for remediation.

        (2)         Before exercising a power of entry under subsection (1) in respect of any land which —

            (a)         is occupied by a person or persons; or

            (b)         if it is not occupied by a person or persons, has been alienated from the Crown for any estate of freehold,

                the CEO is to give not less than 14 days written notice to the occupier or, if it is not occupied, to the owner specifying —

            (c)         that —

                  (i)         a requirement of a notice under Part 4, described in or attached to that notice, has not been complied with and the CEO is to take action to ensure that the requirements of the notice under Part 4 are complied with; or

                  (ii)         the State is responsible for remediation under section 29 and the CEO is to take action to ensure that investigation and remediation are carried out;

            (d)         the part of the land on which entry is to be made; and

            (e)         the actions proposed to be taken on that part of that land to comply with the requirements of the notice or to carry out the investigation and remediation.

        (3)         Notice is not required to be given under subsection (2) if —

            (a)         the land comprises all, or part, of a site for which the State is responsible for remediation under section 29 and, in the opinion of the CEO, the occupier, or if it is not occupied, the owner cannot be identified or found;

            (b)         the land has been taken in accordance with section 32(4); or

            (c)         the Minister has given written approval to that effect under subsection (4).

        (4)         At the request of the CEO, the Minister may give approval for notice of entry under subsection (2) to be dispensed with if —

            (a)         the entry is to be made due to a failure to comply with a requirement of a hazard abatement notice; and

            (b)         in the opinion of the Minister, there is an urgent need to take action to reduce or control the immediate and serious risk of harm to human health, the environment or an environmental value.

        (5)         Despite approval being given under subsection (4), the CEO is to ensure that such notice as is reasonably practicable is given to the occupier, or if the land is not occupied, to the owner before exercising a power of entry under subsection (1).

        (6)         Subject to sections 87 and 88 of the EP Act, an authorised person or an inspector may assist the CEO to take any action under this section, if the CEO so requests.