MCU14/0028 Appendix 2 EnvProtAct 1994

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

[s 407]

407        Waiver of requirement to prepare or commission site
           management plan
          (1)   A recipient may apply to the administering authority for it to
                waive the requirement for the recipient to prepare or
                commission a site management plan for 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.
          (3)   The administering authority must decide the application
                within 20 business days after receiving it.
          (4)   The administering authority may waive the requirement to
                prepare or commission a site management plan only if it is
                satisfied—
                (a)   preparing or commissioning the plan would cause the
                      recipient financial hardship; or
                (b)   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 written notice of the decision to the
                recipient.
          (6)   The notice to the recipient must state—
                (a)   the reasons for the decision; and
                (b)   if the decision is to refuse the application—the review or
                      appeal details.

408        Failure to make decision on waiver of site management
           plan taken to be refusal
                If the administering authority fails to make a decision about
                an application for it to waive the requirement for the recipient
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