MCU14/0028 Appendix 2 EnvProtAct 1994

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

                                                                          [s 374]

              (a)    inform the owner that the administering authority
                     believes the land has been, or is being, used for a
                     notifiable activity or is contaminated land; and
              (b)    state the grounds on which the administering authority
                     believes the land has been, or is being, used for a
                     notifiable activity or is contaminated land; and
              (c)    inform the owner that the administering authority is
                     considering including particulars of the land in the
                     environmental management register; and
              (d)    if an investigation of the land has been conducted—be
                     accompanied by a copy of the report prepared about the
                     investigation; and
              (e)    invite submissions from the owner about whether or not
                     the land has been, or is being used, for a notifiable
                     activity or is contaminated land; and
              (f)    state the day (at least 22 business days after the day the
                     notice is given) by which submissions may be made to
                     the administering authority; and
              (g)    state that any submissions made to the administering
                     authority must be accompanied by a statutory
                     declaration by the owner declaring that the owner—
                     (i)   has not knowingly included any false or
                           misleading information in the submission; and
                     (ii) has given all relevant information to the
                          administering authority.

374      Decision about including land in environmental
         management register
        (1)   The administering authority must, after considering any
              submissions made by the land’s owner, decide whether the
              land has been, or is being, used for a notifiable activity or is
              contaminated land.
        (2)   Subsection (1) does not limit the matters the administering
              authority may consider in making the decision.
Current as at 20 February 2014                                         Page 307