MCU14/0028 Appendix 2 EnvProtAct 1994

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

                                                                           [s 384]

384      Administering authority to consider and act on site
         investigation report
        (1)   The administering authority must, within 20 business days
              after being given the site investigation report, consider the
              report and decide whether the land is contaminated land.
        (2)   After making its decision, the administering authority may—
              (a)    if the administering authority is satisfied the land is not
                     contaminated land—remove particulars of the land from
                     the environmental management register; or
              (b)    if the administering authority is satisfied the land is
                     contaminated land but can be used for stated uses with
                     further management—leave particulars of the land on
                     the environmental management register and prepare, or
                     require another person to prepare, a site management
                     plan for the land; or
              (c)    if the administering authority is satisfied the land is
                     contaminated land and action needs to be taken to
                     remediate the land to prevent serious environmental
                     harm to a person, animal or another part of the
                     environment—record particulars of the land in the
                     contaminated land register; or
              (d)    in any other case—leave particulars of the land on the
                     environmental management register.
        (3)   The administering authority must, within 8 business days after
              making its decision, give written notice of the decision to—
              (a)    the land’s owner; and
              (b)    if a person other than the land’s owner submitted the
                     report—the other person; and
              (c)    if the decision is to remove particulars of the land from
                     the environmental management register—the relevant
                     local government; and
              (d)    if the decision is to record particulars of the land in the
                     contaminated land register—
Current as at 20 February 2014                                          Page 315