MCU14/0028 Appendix 2 EnvProtAct 1994

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

                                                                           [s 409]

              to prepare or commission a site management plan 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.

409      Procedure to be followed if recipient is not owner
        (1)   This section applies if the recipient of a notice to prepare or
              commission a draft site management plan for land is not the
              land’s owner.
        (2)   The recipient, or person preparing the plan for the recipient
              (the consultant), may enter the land to prepare the site
              management plan only—
              (a)    with the consent of the owner and occupier of the land;
                     or
              (b)    if the recipient or consultant 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 preparing the plan, the recipient or consultant must take all
              reasonable steps to ensure the recipient or consultant causes as
              little inconvenience, and does as little damage, as is
              practicable in the circumstances.
        (5)   Nothing in this section authorises the recipient or consultant
              to enter a building used for residential purposes.
        (6)   If a person incurs loss or damage because of the entry of the
              land by the recipient or consultant to prepare a site
              management plan, the person is entitled to be paid by the
              recipient or consultant the reasonable compensation because
              of the loss or damage that is agreed between the recipient or
              consultant and the person, or failing agreement, decided by a


Current as at 20 February 2014                                          Page 333