MCU14/0028 Appendix 2 EnvProtAct 1994

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

[s 376]

                      (ii) in giving the approval the local government did not
                           comply with the requirements under any Act in
                           relation to the approval; and
                      (iii) the local government should have known the land
                            would be contaminated because of the approval; or
                (b)   under the repealed Act, particulars of the land were
                      recorded in the contaminated sites register as a restricted
                      site and, after the recording, the local government gave
                      approval for the use of, or an activity to be carried out
                      on, the land contrary to the restriction; or
                (c)   under the repealed Act, particulars of the land were
                      recorded in the contaminated sites register or, under this
                      Act, particulars of the land are recorded in the
                      environmental management register or contaminated
                      land register, and—
                      (i)   after the recording, the local government approved
                            the land be used for a use or activity that was or is
                            inconsistent with particulars of the land being
                            recorded in the register; and
                      (ii) the use or activity has caused environmental harm
                           to human health or another part of the
                           environment.
          (4)   Also, the administering authority may require the owner of
                the land to conduct or commission the investigation only if
                subsection (2)(a) and (3) do not apply and—
                (a)   the administering authority reasonably believes the land
                      was contaminated before the commencement of the
                      repealed Act; or
                (b)   when the land was acquired by the owner, particulars of
                      the land were recorded—
                      (i)   under the repealed Act, in the contaminated sites
                            register as a confirmed site, restricted site or
                            probable site; or



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