MCU14/0028 Appendix 2 EnvProtAct 1994

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

[s 373]

373        Notice to be given to owner of land
          (1)   This section applies if—
                (a)   the administering authority is given notice by an
                      occupier of land (other than the land’s owner) that a
                      notifiable activity is being carried out on the land; or
                (b)   the administering authority is given notice by a local
                      government that a notifiable activity has been, or is
                      being, carried out on land in its area; or
                (c)   the administering authority otherwise reasonably
                      believes that a notifiable activity has been, or is being,
                      carried out on land; or
                (d)   the administering authority has conducted a preliminary
                      investigation of land and the authority reasonably
                      believes the land is contaminated land; or
                (e)   the administering authority is given a report by the
                      occupier of land or another person about an
                      investigation of the land conducted or commissioned by
                      the occupier or other person and the administering
                      authority reasonably believes the land is contaminated
                      land.
                      Example of paragraph (c)—
                        the department in which the Mineral Resources Act is
                        administered gives the administering authority notice that
                        hazardous mine wastes have been stored on the land
          (2)   The administering authority must, within the time that is
                reasonable in the circumstances, give written notice about the
                activity or contamination to the owner of the land.
          (3)   However, the administering authority is not required to give a
                notice to the owner of the land if the land has already been
                investigated and the administering authority is satisfied the
                land is not contaminated land.
          (4)   The notice must—



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