2017-12-12 S&O Agenda - Attachment 1 to Item 7 - Updated Delegations of Authority

                                                                            ATTACHMENT 1

DESCRIPTION OF POWER DELEGATED                                                    LEGISLATION

Power, as the land’s owner, to make a written submission to the administering Section 376
authority in response to a show cause notice issued pursuant to section 375.
Power, as owner, to consent to another party entering its land to conduct or Section 390
commission remediation works. Power, to give the administering authority:-
(a)   a contaminated land investigation document accompanied by a
      declaration and a statement; and
(b)   a statement as owner of the land agreeing to the draft plan.
Power, as a prescribed responsible person, to make a written submission in Section 392(1)
response to a show cause notice issued pursuant to section 391.
Power, as a prescribed responsible person, to comply with a notice issued by Section 394(5)
the administering authority pursuant to this section.
Power, as a prescribed responsible person, to:-                                   Section 395
(a) obtain the consent of the owner or occupier to enter the land;
(b) give the owner or occupier written notice of the intention to enter the land;
(c) agree with the owner or occupier about reasonable compensation because
    of the loss or damage; and
(d) appear in any proceeding before a court of competent jurisdiction (including
    instructing a legal representative to appear) where agreement about
    compensation cannot be reached.
Power, as a prescribed responsible person, to comply with a requirement of the Section 397
administering authority given pursuant to this section.
Power to apply to amend a site management plan and to comply with Chapter 7, Section 402
Part 8, Division 3, Subdivisions 2 to 4 as they relate to the application.
Power, as owner or occupier of land, to consent to the amendment of a site Section 403
management plan for the land by the administering authority.
Power, as the person who released the contaminant, the relevant local Section 404
government or the owner of the land, to prepare a draft amendment of a site
management plan if requested to do so by the administering authority and to
comply with Chapter 7, Part 8, Division 3, Subdivisions 2 to 5 as they relate to
the draft amendment.
Power, as owner of land, to give a lessee or proposed lessee notice that Section 407
particulars of the land have been recorded in the contaminated land register.
Power, as an owner of land in a circumstance listed in subsection (1), to give the Section 408
notice required by subsection (2).
Power, as an administering authority, to require a person to provide information Section 451
for the enforcement or administration of this Act.
Power, as owner or occupier of land, to consent to an authorised person’s entry Section 452
onto the land.
Power, as owner or occupier of land, to consent to an authorised person’s entry Section 454
onto the land.
Power, as an administering authority, to issue a notice that an authorised person Section
will enter land.                                                                  454(3)(b) and
                                                                                  (4)




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