MCU14/0028 Appendix 2 EnvProtAct 1994

                                               Environmental Protection Act 1994
                                            Chapter 7 Environmental management
                                                        Part 8 Contaminated land

                                                                         [s 372]

              activity is being carried out, give notice under the subsection
              to the administering authority in the approved form.
              Maximum penalty—50 penalty units.
        (2)   If the owner or occupier of land becomes aware the land has
              been, or is being, contaminated by a contaminant the owner or
              occupier knows is a hazardous contaminant, the owner or
              occupier must, within 22 business days after becoming aware
              the land has been, or is being, contaminated, give notice under
              the subsection to the administering authority in the approved
              form.
              Maximum penalty—100 penalty units.
        (3)   However, the owner or occupier of land does not commit an
              offence against subsection (1) or (2) if the administering
              authority has already been given notice under the subsection
              about the activity or contamination.

372      Local government to notify administering authority
        (1)   If a local government becomes aware a notifiable activity has
              been, or is being, carried out on land in its area, the local
              government must, within 22 business days after becoming
              aware of the activity having been, or being, carried out give
              notice under the subsection to the administering authority in
              the approved form.
        (2)   If a local government becomes aware that land in its area has
              been, or is being, contaminated by a contaminant the local
              government knows is a hazardous contaminant, the local
              government must, within 22 business days after becoming
              aware the land has been, or is being, contaminated, give
              notice under the subsection to the administering authority in
              the approved form.
        (3)   However, subsection (1) or (2) does not apply if the
              administering authority has already been given notice under
              the subsection about the activity or contamination.



Current as at 20 February 2014                                        Page 305