MCU14/0028 Appendix 2 EnvProtAct 1994

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

                                                                           [s 379]

379      Failure to make decision on waiver of site investigation
         taken to be refusal
              If the administering authority fails to make a decision about
              an application for it to waive the requirement for the recipient
              to conduct or commission a site investigation within the time
              it is required to make a decision on the application, the failure
              is taken to be a decision by the authority to refuse the
              application at the end of the time.

380      Procedure to be followed if recipient is not owner
        (1)   This section applies if the recipient of a notice to conduct or
              commission a site investigation of land is not the land’s
              owner.
        (2)   The recipient, or person conducting the site investigation for
              the recipient (the investigator), may enter the land to conduct
              the investigation only—
              (a)    with the consent of the owner and occupier of the land;
                     or
              (b)    if the recipient or investigator has given at least 5
                     business days written notice to the owner and occupier.
        (3)   The notice must inform the owner and any occupier of—
              (a)    the intention to enter the land; and
              (b)    the purpose of the entry; and
              (c)    the days and times when the entry is to be made.
        (4)   In conducting the site investigation, the recipient or
              investigator must take all reasonable steps to ensure the
              recipient or investigator causes as little inconvenience, and
              does as little damage, as is practicable in the circumstances.
        (5)   Nothing in this section authorises the recipient or investigator
              to enter a building used for residential purposes.
        (6)   If a person incurs loss or damage because of the site
              investigation conducted by the recipient or investigator, the
              person is entitled to be paid by the recipient or investigator the
Current as at 20 February 2014                                          Page 313