MCU14/0028 Appendix 2 EnvProtAct 1994

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

[s 378]

                (d)   state the day (at least a reasonable period after the notice
                      is given) by which a report on the site investigation must
                      be submitted to the administering authority; and
                (e)   state the review or appeal details.

378        Waiver of requirement to conduct or commission site
           investigation
          (1)   A recipient may apply to the administering authority for it to
                waive the requirement for the recipient to conduct or
                commission a site investigation.
          (2)   The application must—
                (a)   be made to the administering authority in the approved
                      form; and
                (b)   be supported by enough information to enable the
                      authority to decide the application.
          (3)   The administering authority must decide the application
                within 20 business days after receiving it.
          (4)   The administering authority may waive the requirement to
                conduct or commission a site investigation only if it is
                satisfied—
                (a)   conducting or commissioning the investigation would
                      cause the recipient financial hardship; or
                (b)   if the recipient is the land’s owner—the owner’s rights
                      in relation to the land do not include exercising control
                      over environmental management of the land.
          (5)   The administering authority must, within 8 business days after
                making a decision, give written notice of the decision to the
                recipient.
          (6)   The notice to the recipient must state—
                (a)   the reasons for the decision; and
                (b)   if the decision is to refuse the application—the review or
                      appeal details.
Page 312                                              Current as at 20 February 2014