CONTAMINATED SITES ACT 2003 - SECT 54
CONTAMINATED SITES ACT 2003 - SECT 54
54 . Where entry to a site, or the taking of action, to comply with notice or to remediate refused
(1) If a person who is
responsible for remediation of a site, or on whom a notice under Part 4 is
binding (the first person ) —
(a)
needs to enter any land to take any action necessary to remediate, or to
comply with a requirement of the notice; and
(b)
without reasonable cause, the occupier or owner, as is relevant, of the land
—
(i)
refuses permission for the person to enter, or remain on,
the land or to take any action on the land necessary to carry out the
remediation, or to comply with a requirement of the notice; or
(ii)
after a reasonable amount of time has elapsed, has failed
to give permission for the person to do any of those things on the land,
then a decision may be
made —
(c) by
the committee that the occupier or owner is to be the person responsible for
that remediation and the first person is no longer the person responsible for
that remediation; or
(d) by
the CEO that the notice is binding on that occupier or owner and is no longer
binding on the first person,
as is relevant.
(2) An owner or
occupier referred to in subsection (1)(b) commits an offence.
Penalty: $500 000, and a daily penalty of $100
000.
(3) An owner or
occupier who takes any action necessary to remediate a site, or to comply with
the requirements of a notice, as a result of a decision under subsection (1)
may recover from the first person the reasonable costs incurred in taking that
action and interest at the prescribed rate by action in a court of competent
jurisdiction as a debt due.
(4) If the committee
considers that there is not enough information about the financial capacity of
an owner or occupier in respect of whom the committee is considering making a
decision under subsection (1), the committee may, by written notice, request
—
(a) that
person; or
(b) with
the permission of that person, any other person,
to provide additional
information about that financial capacity.
(5) A person —
(a) must
comply with a request under subsection (4) within the time specified in the
request; and
(b) must
not provide information or make a statement under subsection (4) that the
person knows is false or misleading in a material particular.
Penalty: $250 000, and a daily penalty of $50 000.
(6) A person on whom a
notice is binding as a result of a decision under subsection (1)(d) may appeal
in accordance with section 52.
(7) A decision under
subsection (1)(c) is a decision as to responsibility for remediation to which
Part 3 Division 3 applies.
(8) A decision under
subsection (1)(c) or (d) is to be given by written notice to —
(a) the
relevant occupier or owner; and
(b) the
first person.