Register of contaminated sites
21A Register of contaminated sites
The authority must keep a register of contaminated sites.
The register—
may be in electronic form; and
must contain particulars of land in relation to—
an order under section 91C (1) (Order to assess whether land contaminated), section 91D (1) (Order to remediate land) or section 125 (2) or (3) (Environment protection orders); and
a requirement to commission an environmental audit under section 76 (2) (Authority may require environmental audit); and
a notice under section 76A (1) (Requests for auditor’s statements) not relating to an order or requirement mentioned in subparagraph (i) or (ii).
The authority must make an entry in the register—
for an order under section 91D (1)—if satisfied that the remediation of the land has been conducted as mentioned in section 91D (4) (a); and
for an order under section 125 (2) or (3)—if the authority is no longer satisfied as mentioned in that section, or the order is revoked, whichever happens first.
The authority must remove an entry from the register—
for an entry made under subsection (2) (b) (i) in relation to an order under section 91C (1)—within 60 days after receiving an environmental audit of assessment under section 91C in relation to the entry unless the authority has, within that period, made an order under section 91D (1) or section 125 (2) or (3); or
for an entry made under subsection (2) (b) (ii) or (iii)—within 60 days after receiving the audit required under section 76 (2) or the site audit statement mentioned in section 76A (2) in relation to the entry unless, within that period—
the authority has entered into an environmental protection agreement under section 38 (Entering agreements); or
a condition or annotation has been included on the crown lease or title for the land in relation to the environmental audit; or
in any case—if the authority decides, based on advice from an approved auditor under section 75 (Certain auditors to be approved), that ongoing management of the land is no longer required.
As soon as practicable after entering particulars of land in the register or removing an entry from the register, the authority must give written notice of the entry or removal to—
the territory planning authority; and
if the land is in a designated area—the national capital authority.
In this section:
designated area—see the Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth), section 4, definition of Designated Area.
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