CONTAMINATED SITES ACT 2003 - SECT 64

CONTAMINATED SITES ACT 2003 - SECT 64

64 .         Disclosure statement made within 2 years of commencement of Act

        (1)         An owner of land may make a disclosure statement with respect to the contamination of that land to the committee —

            (a)         in the prescribed form;

            (b)         in respect of land of which that person —

                  (i)         is the owner; and

                  (ii)         was the owner immediately before the commencement of this Act;

                and

            (c)         subject to subsection (2), within 2 years after the commencement of this Act.

        (2)         If a person —

            (a)         gives written notice to the committee within 2 years after the commencement of this Act that the person intends to make a disclosure statement, that person has 12 months after giving that notice to the committee within which to make the disclosure statement; or

            (b)         has had a programme for the reporting of sites approved under section 12, that person may make a disclosure statement in respect of land that comprises all, or part, of a site described in the programme at any time before the programme is to be completed.

        (3)         If a disclosure statement does not contain enough information for the committee to make a decision under subsection (4), the committee is to advise the person who made the request in writing accordingly and request such further information as is required.

        (4)         Within 45 days after the day on which a disclosure statement, or further information in respect of the statement, is received the committee is to —

            (a)         if section 65 applies, give an exemption certificate;

            (b)         by written notice to the person who made the statement —

                  (i)         refuse to give an exemption certificate; or

                  (ii)         decline to deal with the statement if it is not in compliance with this section;

                or

            (c)         request further information, in accordance with subsection (3).

        (5)         Where land in respect of which an owner has made a disclosure statement under subsection (1) comprises all, or part, of a source site then the disclosure statement may also be made in respect of the contamination of any land that comprises all, or part, of an affected site on which contamination is caused, or contributed to —

            (a)         by contamination; or

            (b)         by a substance,

                which has migrated to the affected site from the source site.

        [Section 64 amended: No. 40 of 2005 s. 9.]