MCU14/0028 Appendix 2 EnvProtAct 1994

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

[s 393]

          (3)   The administering authority must decide the application
                within 20 business days after receiving it.
          (4)   The administering authority may waive the requirement for
                the recipient to conduct or commission work to remediate the
                land only if it is satisfied—
                (a)   conducting or commissioning the remediation would
                      cause the recipient financial hardship; or
                (b)   the contamination happened while the recipient was
                      carrying out an activity that is lawful apart from this Act
                      and the recipient complied with the general
                      environmental duty; or
                (c)   the contamination happened before the commencement
                      of the repealed Act and it would not be reasonable in the
                      circumstances for the recipient to conduct or
                      commission the work to remediate the land; or
                (d)   if the recipient is the land’s owner—the owner’s rights
                      in relation to the land do not include exercising control
                      over environmental management of the land.
          (5)   The administering authority must, within 8 business days after
                making a decision, give the recipient an information notice
                about the decision.

393        Failure to make decision on remediation taken to be
           refusal
                If the administering authority fails to make a decision about
                an application for it to waive, wholly or partially, the
                requirement for the recipient to conduct or commission work
                to remediate contaminated land 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.

394        Procedure to be followed if recipient is not owner
          (1)   This section applies if the recipient of a notice to conduct or
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