MCU14/0028 Appendix 2 EnvProtAct 1994

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

                                                                                [s 377]

                     (ii) under this Act, in the environmental management
                          register or the contaminated land register; or
              (c)    the contamination happened after the owner acquired
                     the land.
        (5)   However, the administering authority must not require the
              owner of the land to conduct or commission an investigation
              under subsection (4)(a) or (b) if the owner is a mortgagee of
              the land.
        (6)   Also, the administering authority must not require an
              investigation to be conducted or commissioned if the land is
              subject to a site management plan for the contamination and
              the conditions of the plan are being complied with.
        (7)   The recipient of a notice to conduct or commission a site
              investigation must comply with the requirement unless the
              administering authority waives the requirement.
              Maximum penalty—100 penalty units.

377      Notice to conduct or commission site investigation
        (1)   A requirement to conduct or commission a site investigation
              must be made by written notice to the person (the recipient)
              required to conduct or commission the site investigation.
              Note—
                 See section 565 (Only suitably qualified person can perform regulatory
                 functions).
        (2)   If the recipient is not the land’s owner, the administering
              authority must also give a copy of the notice to the owner.
        (3)   The notice must—
              (a)    state the grounds on which the requirement is made; and
              (b)    outline the facts and circumstances forming the basis for
                     the grounds; and
              (c)    state the matters relevant for the site investigation; and


Current as at 20 February 2014                                               Page 311