MCU14/0028 Appendix 2 EnvProtAct 1994

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

                                                                           [s 419C]

                     relevant requirements of this Act and instruments made
                     under it; and
              (b)    the likelihood of action being needed to—
                     (i)   reinstate rehabilitation that fails to establish a safe,
                           stable and self-sustaining ecosystem; or
                     (ii) maintain environmental management processes
                          needed to protect the environment; or
                     (iii) restore the environment because of environmental
                           harm resulting from the hazardous contaminant
                           contaminating the land; and
              (c)    the cost of likely action in comparison with the cost of
                     best practice environmental management of similar land
                     not on the contaminated land register.

419C Amount and form of payment
        (1)   The administering authority must decide the amount and form
              of the payment required.
        (2)   The administering authority may decide the amount by
              reference to a guideline or other publicly available document.
        (3)   Despite subsections (1) and (2), the administering authority
              can not require a payment of an amount more than the amount
              that, in the authority’s opinion, represents the likely
              rehabilitation costs.
        (4)   In this section—
              likely rehabilitation costs means all likely costs and expenses
              that may be incurred in taking action to rehabilitate or restore
              and protect the environment because of environmental harm
              that may be caused by the residual risks of the relevant area.




Current as at 20 February 2014                                            Page 339