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CONTAMINATED SITES ACT 2003 - SECT 58

CONTAMINATED SITES ACT 2003 - SECT 58

58 .         Memorial is to be lodged if notice given, or land classified as contaminated

        (1)         The CEO is to ensure a memorial is lodged with the Registrar in respect of —

            (a)         land —

                  (i)         that comprises all, or part, of a site, classified as —

                        (I)         contaminated — remediation required ;

        (II)         contaminated — restricted use ;

        (III)         remediated for restricted use ; or

        (IV)         possibly contaminated — investigation required ;

                or

                  (ii)         in respect of which a notice under Part 4 has been given, other than a notice under section 46 amending a previous notice;

                or

            (b)         land on which a charge in favour of the State, or a public authority nominated by the Minister, has been placed under —

                  (i)         section 30(3)(b);

                  (ii)         section 31(3)(b); or

                  (iii)         section 32(2),

                as soon as is practicable after the site has been classified, the notice has been given or the charge has been created.

        (2)         The Registrar, on payment of any relevant fee, is to register the memorial against the relevant land.

        (3)         If —

            (a)         in respect of land referred to in subsection (1)(a)(i), the site of which the land comprises all, or part, is classified as decontaminated or not contaminated — unrestricted use ;

            (b)         in respect of land referred to in subsection (1)(a)(ii), the relevant notice is cancelled under section 45(1)(a);

            (c)         in respect of land referred to in subsection (1)(b), in the opinion of the CEO, the amount secured by the charge is paid or recovered, or the charge is no longer required; or

            (d)         a decision is made on appeal —

                  (i)         in respect of land referred to in subsection (1)(a)(i), to set aside the classification of the site of which the land comprises all, or part, or to exclude the land from the site to which the classification applies; or

                  (ii)         in respect of land referred to in subsection (1)(a)(ii), that the notice no longer applies in respect of the land,

                the CEO is to give notice to the Registrar that the memorial is to be withdrawn and the Registrar, on payment of any relevant fee, is to register the withdrawal of the memorial in the appropriate manner and by doing so, in respect of land referred to in subsection (1)(b), remove the charge from the land.

        (4)         A memorial, and notice that a memorial is to be withdrawn —

            (a)         is to —

                  (i)         specify the classification of the site of which the land comprises all, or part, or the type of notice, as is relevant; or

                  (ii)         describe the charge;

                and

            (b)         is to be in a form approved by the Registrar.

        (5)         In a memorial in respect of land that comprises all, or part, of a site classified as contaminated — remediation required , the CEO may specify that an instrument affecting the land is not to be registered or accepted for registration unless the CEO consents in writing to that registration and the Registrar is to give effect to such a specification.

        (6)         If a memorial is registered under this section in respect of land referred to in subsection (1)(a)(i), then —

            (a)         the Western Australian Planning Commission is not to approve under section 135 of the Planning and Development Act 2005 the subdivision of that land, or the amalgamation of that land with any other land; and

            (b)         a responsible authority is not to grant approval under a scheme for any proposed development of that land,

                without seeking, and taking into account, the advice of the CEO as to the suitability of the land for the subdivision, amalgamation or development.

        (7)         A memorial registered in respect of a notice under Part 4 retains its priority in relation to all other mortgages, charges and encumbrances on that land despite the amendment of the notice under section 46.

        (8)         A memorial registered under this section has effect until it is withdrawn.

        (9)         In this section —

        register means to register under the Registration of Deeds Act 1856 or Transfer of Land Act 1893 , as the case requires;

        Registrar means the Registrar of Titles under the Transfer of Land Act 1893 or the Registrar of Deeds and Transfers under the Registration of Deeds Act 1856 , as the case requires.

                [Section 58 amended: No. 38 of 2005 s. 15.]