MCU14/0028 Appendix 2 EnvProtAct 1994

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

[s 419A]

                       (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)   If the administering authority prepares an amendment to a site
                 management plan, or requires an amendment to be prepared,
                 subdivision 2 (other than sections 403, 404 and 405(1))
                 applies, with all necessary changes, to the preparation of the
                 draft amendment.


Subdivision 5                Residual risk requirement

419A Payment may be required for residual risks of
     rehabilitation
           (1)   This section applies if a site management plan relates to land
                 for which particulars are recorded in the contaminated land
                 register.
           (2)   The administering authority may, by written notice, require
                 the person who submitted the draft site management plan or
                 draft amendment of a site management plan to pay it a stated
                 amount within a stated reasonable period for the residual risks
                 of the area the subject of the plan or amendment (the relevant
                 area).
           (3)   A requirement under subsection (2) is a residual risks
                 requirement.

419B Criteria for decision to make residual risks requirement
                 The administering authority may make a residual risks
                 requirement under section 419A only if it is satisfied the
                 requirement is justified having regard to—
                 (a)   the degree of risk of environmental harm likely to
                       happen if the relevant area is managed under the
Page 338                                              Current as at 20 February 2014