MCU14/0028 Appendix 2 EnvProtAct 1994

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

                                                                           [s 395]

              commission work to remediate contaminated land is not the
              land’s owner.
        (2)   The recipient, or person conducting the work for the recipient
              (the contractor), may enter the land to conduct the work
              only—
              (a)    with the consent of the owner and occupier of the land;
                     or
              (b)    if the recipient or contractor has given at least 5 business
                     days written notice to the owner and occupier.
        (3)   The notice must inform the owner and occupier of—
              (a)    the intention to enter the land; and
              (b)    the purpose of the entry; and
              (c)    the days and times when the entry is to be made.
        (4)   In conducting the work, the recipient or contractor must take
              all reasonable steps to ensure the recipient or contractor
              causes as little inconvenience, and does as little damage, as is
              practicable in the circumstances.
        (5)   Nothing in this section authorises the recipient or contractor to
              enter a building used for residential purposes.
        (6)   If a person incurs loss or damage because of the work
              conducted by the recipient or contractor, the person is entitled
              to be paid by the recipient or contractor the reasonable
              compensation because of the loss or damage that is agreed
              between the recipient or contractor and the person, or failing
              agreement, decided by a court having jurisdiction for the
              recovery of amounts up to the amount of compensation
              claimed.
        (7)   The court may make the order about costs it considers just.

395      Fee for consideration of validation report
              A person who submits a validation report to the administering
              authority for consideration must pay the authority the fee
              prescribed under a regulation.
Current as at 20 February 2014                                          Page 323