MCU14/0028 Appendix 2 EnvProtAct 1994

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

[s 420]


Division 6                  Notices to be given about land
                            recorded in registers

420        Notice to be given about recording of land in
           contaminated land register
          (1)   This section applies if—
                (a)   particulars of land are recorded in the contaminated land
                      register; and
                (b)   the owner of the land has entered into, or proposes to
                      enter into, an agreement with another person about
                      occupancy of the land.
          (2)   The owner must—
                (a)   if, at the time the particulars are recorded, the owner has
                      entered into an agreement with another person about
                      occupancy of the land—give the person notice that
                      particulars of the land have been recorded in the
                      register; or
                (b)   if, after the particulars are recorded, the owner proposes
                      to enter into an agreement with another person about
                      occupancy of the land—give notice about the recording
                      of the particulars to the person before entering into the
                      agreement.
                Maximum penalty—50 penalty units.
          (3)   If the owner does not give notice as required under subsection
                (2), the other person who has entered into the occupancy
                agreement may terminate the agreement by written notice
                given to the owner within 10 days after the person becomes
                aware of the recording.
          (4)   Subsection (3) applies despite anything to the contrary in the
                agreement.

421        Notice to be given to proposed purchaser of land
          (1)   This section applies to the owner of land if—
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