MCU14/0028 Appendix 2 EnvProtAct 1994

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

                                                                                [s 376]

              Note—
                 See section 565 (Only suitably qualified person can perform regulatory
                 functions).
        (2)   However, if the person intending to conduct or commission
              the site investigation and submit the report is not the land’s
              owner, the person must obtain the owner’s consent before
              beginning the investigation.

376      Administering authority may require site investigation
        (1)   This section applies if the administering authority is
              satisfied—
              (a)    after a preliminary investigation, particulars of land are
                     recorded in the environmental management register
                     because the land is contaminated land; and
              (b)    the hazardous contaminant contaminating the land is in
                     a concentration that has the potential to cause serious or
                     material environmental harm; and
              (c)    a person, animal or another part of the environment may
                     be exposed to the hazardous contaminant.
        (2)   The administering authority may require a site investigation to
              be conducted or commissioned by—
              (a)    if the person who released the contaminant is known and
                     can be located—the person; or
              (b)    the relevant local government; or
              (c)    the owner of the land.
        (3)   However, the administering authority may require the local
              government to conduct or commission the investigation only
              if subsection (2)(a) does not apply and—
              (a)    the administering authority reasonably believes—
                     (i)   the land has been contaminated because the local
                           government gave approval for the use of, or an
                           activity to be carried out on, the land; and
Current as at 20 February 2014                                               Page 309