CONTAMINATED SITES ACT 2003 - SECT 66

CONTAMINATED SITES ACT 2003 - SECT 66

66 .         Cancellation or amendment of exemption certificate

        (1)         Subject to subsections (2) and (3), the committee may cancel or amend an exemption certificate by written notice given to the holder of the certificate if satisfied, on reasonable grounds, that the disclosure statement made under section 64 —

            (a)         contained information that was false or misleading in a material particular; or

            (b)         failed to disclose information that was materially relevant or without which the statement was misleading,

                and, in the opinion of the committee, this resulted in an exemption certificate being given —

            (c)         when it should not have been given; or

            (d)         which contained erroneous information.

        (2)         Before cancelling or amending an exemption certificate the committee is to give the holder of the certificate written notice —

            (a)         stating details of the proposed action;

            (b)         inviting the person to make representations to the committee to show why the action should not be taken; and

            (c)         stating the period (at least 21 days after the day on which the notice is given to the person) within which written representations may be made.

        (3)         The committee may take the proposed action —

            (a)         at any time after the holder of the certificate gives the committee written notice that the holder does not intend to make any representations or any further representations; or

            (b)         if such notice is not given —

                  (i)         after the end of the period stated in the notice within which representations may be made; or

                  (ii)         if representations are made, after considering any representations properly made.

        (4)         An exemption certificate that is cancelled is of no effect.