MCU14/0028 Appendix 2 EnvProtAct 1994

Environmental Protection Act 1994
Chapter 7 Environmental management
Part 5B Clean-up notices

[s 363J]

                       (ii) the person was not in a position to influence the
                            conduct of the first corporation in relation to its
                            compliance with the notice served on the first
                            corporation.
           (4)   In this section—
                 first corporation see section 363G(c).
                 lease includes a residential tenancy agreement under the
                 Residential Tenancies Act 1994.

363J       Procedure if recipient is not the owner of land on which
           action is required
           (1)   This section applies if a clean-up notice requires the recipient
                 to take action on land that the recipient does not own.
           (2)   The recipient, or person taking the action for the recipient (the
                 contractor), may enter the land to take the action only—
                 (a)   with the consent of the owner and occupier of the land;
                       or
                 (b)   if the recipient or contractor has given at least 5 business
                       days written notice to the owner and occupier.
           (3)   The notice under subsection (2)(b) must inform the owner and
                 occupier of—
                 (a)   the intention to enter the land; and
                 (b)   the purpose of the entry; and
                 (c)   the days and times when the entry is to be made.
           (4)   In taking the action, the recipient or contractor must take all
                 reasonable steps to ensure the recipient or contractor causes as
                 little inconvenience, and does as little damage, as is
                 practicable in the circumstances.
           (5)   Nothing in this section authorises the recipient or contractor to
                 enter a building used for residential purposes.
           (6)   If a person incurs loss or damage because of action taken by
                 the recipient or contractor, the person is entitled to be paid by
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