MCU14/0028 Appendix 2 EnvProtAct 1994

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

                                                                                [s 391]

              person must obtain the owner’s consent before beginning the
              work.

391      Administering authority may require remediation of
         contaminated land
        (1)   The administering authority may require the following
              persons to conduct or commission work to remediate land for
              which particulars are recorded in the contaminated land
              register and submit a validation report about the work to the
              administering authority—
              (a)    if the person who released the hazardous contaminant
                     contaminating the land is known and can be
                     located—the person;
              (b)    the relevant local government;
              (c)    the owner of the land.
              Note—
                 See section 565 (Only suitably qualified person can perform regulatory
                 functions).
        (2)   However, the administering authority may require the local
              government to conduct or commission work to remediate the
              land only if subsection (1)(a) does not apply and—
              (a)    the administering authority reasonably believes—
                     (i)   the land has been contaminated because the local
                           government gave approval for the use of, or an
                           activity to be carried out on, the land; and
                     (ii) in giving the approval the local government failed
                          to comply with the requirements under any Act in
                          relation to the approval; and
                     (iii) the local government should have known the
                           approval would result in the land being
                           contaminated; or
              (b)    under the repealed Act, particulars of the land were
                     recorded in the contaminated sites register as a restricted
Current as at 20 February 2014                                               Page 319