MCU14/0028 Appendix 2 EnvProtAct 1994

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

                                                                           [s 392]

        (5)   A requirement to conduct or commission work to remediate
              land must—
              (a)    be in the form of a written notice (a remediation
                     notice); and
              (b)    state the person (the recipient) to whom it is issued; and
              (c)    state the work to be conducted or commissioned by the
                     recipient to remediate the land; and
              (d)    give the recipient approval to remove and treat or
                     dispose of soil from the land and state any conditions
                     applicable to the removal and disposal; and
              (e)    state that the recipient must give a validation report to
                     the administering authority within the time (not less
                     than 22 business days after completing the work to be
                     carried out) stated in the notice; and
              (f)    state the review or appeal details; and
              (g)    be served on the recipient and the land’s owner.
        (6)   Also, the remediation notice may include a requirement to
              prepare and submit to the administering authority for approval
              a site management plan for the land.
        (7)   The recipient must comply with the notice unless the recipient
              is granted a waiver under section 392.
              Maximum penalty—1000 penalty units.

392      Waiver of requirement to remediate land
        (1)   A recipient may apply to the administering authority for it to
              waive the requirement for the recipient to conduct or
              commission work to remediate contaminated land.
        (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.
Current as at 20 February 2014                                          Page 321