CONTAMINATED SITES ACT 2003 - SECT 63

CONTAMINATED SITES ACT 2003 - SECT 63

63 .         Certificate of contamination audit

        (1)         After considering a request for a certificate of contamination audit in respect of land, the CEO is to —

            (a)         subject to subsections (4) and (5), give a certificate of contamination audit to the person who requested it; or

            (b)         classify a site that comprises all, or part, of the land as possibly contaminated — investigation required and give written notice of the classification to the person who requested the certificate.

        (2)         The CEO is to take action under subsection (1) —

            (a)         within 45 days after —

                  (i)         receiving a request for a certificate of contamination audit in respect of the land; or

                  (ii)         if a request for further information has been made under section 62(4), receiving the further information requested; or

            (b)         if, in the opinion of the CEO, there are particular circumstances which make it difficult to take action under subsection (1) within that time, within such further time as the CEO decides is necessary to take the action.

        (3)         The CEO is to cause written notice of a decision under subsection (2)(b) to be given, or to ensure that reasonable attempts have been made to do so —

            (a)         to the person who requested the certificate of contamination audit in respect of the land and, at the discretion of the CEO, any other owner or occupier of the land; and

            (b)         within the time referred to in subsection (2)(a).

        (4)         The CEO is to give a certificate of contamination audit in respect of land if satisfied, on reasonable grounds, that all contamination on the land that can be identified has been identified, taking into account —

            (a)         any relevant guidelines;

            (b)         currently accepted industrial standards; and

            (c)         any other information the CEO considers relevant,

                with respect to the identification of contamination.

        (5)         A certificate of contamination audit in respect of land is to —

            (a)         be in the prescribed form;

            (b)         classify the site in accordance with section 15(3); and

            (c)         specify the nature and extent of all identified contamination of the land.

        (6)         A copy of a certificate of contamination audit is to be given by the CEO to —

            (a)         each owner of the land in respect of which the certificate is given; and

            (b)         at the discretion of the CEO, an occupier of the land.

        (7)         The CEO may, by written notice given to a person to whom a certificate of contamination audit has been given, amend that certificate to correct —

            (a)         a clerical mistake or unintentional error or omission in the certificate;

            (b)         a figure in the certificate which has been miscalculated; or

            (c)         the misdescription of any person, thing or property referred to in the certificate.

        (8)         Where a certificate of contamination audit is given in respect of land, any certificate of contamination audit given previously in respect of that land is no longer of any effect under this Act in respect of that land.