MCU14/0028 Appendix 2 EnvProtAct 1994

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

                                                                           [s 405]

                     (iii) details of the measures proposed to be taken to
                           manage the risk of serious environmental harm
                           being caused to persons, animals or another part of
                           the environment by the hazardous contaminant;
                           and
              (c)    if the application is made by a person other than the
                     land’s owner—be accompanied by a statement from the
                     owner agreeing to the draft plan; and
              (d)    be accompanied by the prescribed fee.

405      Administering authority may prepare or require site
         management plan
        (1)   This section applies if—
              (a)    particulars of land are recorded in the environmental
                     management register or contaminated land register; and
              (b)    the land is contaminated land; and
              (c)    a site investigation of the land has been conducted; and
              (d)    the contamination may be managed by applying
                     conditions to the use or development of, or activities
                     carried out on, the land.
        (2)   The administering authority may—
              (a)    prepare a site management plan for the land; or
              (b)    require a draft site management plan to be prepared or
                     commissioned, and submitted to it for approval, by—
                     (i)   if the person who released the contaminant is
                           known and can be located—the person; or
                     (ii) the relevant local government; or
                     (iii) the owner of the land.
        (3)   However, the administering authority may require the local
              government to prepare or commission the plan only if
              subsection (2)(b)(i) does not apply and—


Current as at 20 February 2014                                          Page 329