MCU14/0028 Appendix 2 EnvProtAct 1994

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

                                                                                [s 406]

                     (i)   under the repealed Act, in the register as a
                           confirmed site, restricted site or probable site; or
                     (ii) under this Act, in the environmental management
                          register; or
              (c)    the contamination happened after the owner acquired
                     the land.
        (5)   However, the administering authority must not require the
              owner of the land to prepare or commission a plan under
              subsection (4)(a) or (b) if the owner is a mortgagee of the
              land.
        (6)   The recipient of a notice to prepare or commission a site
              management plan must comply with the requirement.
              Maximum penalty—100 penalty units.

406      Requirement to prepare draft site management plan
        (1)   A requirement to prepare or commission a draft site
              management plan for contaminated land must be made by
              written notice given to the person required to prepare or
              commission the plan (the recipient).
        (2)   If the person is not the owner of the land, the administering
              authority must also give a copy of the notice to the owner.
              Note—
                 See section 565 (Only suitably qualified person can perform regulatory
                 functions).
        (3)   The notice must state—
              (a)    the grounds on which the requirement is made; and
              (b)    the matters to be addressed by the plan; and
              (c)    for a notice to the recipient—the day (at least a
                     reasonable period after the notice is given) by which the
                     plan must be prepared and submitted to the
                     administering authority; and
              (d)    the review or appeal details.
Current as at 20 February 2014                                               Page 331