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.