MCU14/0028 Appendix 2 EnvProtAct 1994

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

[s 391]

                      site and, after the recording, the local government gave
                      approval for the use of, or an activity on, the land
                      contrary to the restriction; or
                (c)   under the repealed Act, particulars of the land were
                      recorded in the contaminated sites register or, under this
                      Act, particulars of the land are recorded in the
                      environmental management register or contaminated
                      land register, and—
                      (i)   after the recording, the local government permitted
                            the land to be used for a use or activity that was
                            inconsistent with the particulars of the land being
                            recorded in the register; and
                      (ii) the use or activity has caused environmental harm
                           to human health or another part of the
                           environment.
          (3)   Also, the administering authority may require the owner of
                the land to conduct or commission work to remediate the land
                only if subsection (1)(a) and (2) do not apply and—
                (a)   the land was affected by the hazardous contaminant
                      before the commencement of the repealed Act; or
                (b)   when the land was acquired by the owner, particulars of
                      the land were recorded—
                      (i)   under the repealed Act, in the contaminated sites
                            register as a confirmed site, restricted site or
                            probable site; or
                      (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.
          (4)   However, the administering authority must not require the
                owner of the land to conduct or commission work to
                remediate the land under subsection (3)(a) or (b) if the owner
                is a mortgagee of the land.
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