Environment Protection Act 1997

If the authority has reasonable grounds for believing that the land to which the audit relates is contaminated in such a way as to cause, or be likely to cause, either a significant risk of harm to human health or a significant risk of material environmental harm or serious environmental harm, or both, the authority may—

by written notice served on an appropriate person, order the appropriate person to remediate the land; or

itself conduct the remediation.

Note For how documents may be served, see the Legislation Act, pt 19.5.

An order under subsection (1) must —

be in writing; and

specify—

the person or people to whom the order relates; and

the land to which the order relates; and

the period within which the remediation is to be conducted; and

the nature of the contamination that the authority has reasonable grounds for believing is causing, or is likely to cause, a significant risk of harm to human health or a significant risk of material environmental harm or serious environmental harm; and

the action that the person subject to the order must take in remediating and reporting; and

any other requirements the authority considers appropriate having regard to the nature and extent of the contamination and the physical attributes of the land.

The action that may be required to be taken under subsection (2) (b) (vi) includes, but is not limited to, the following actions:

that the person serve notice of the order on the occupiers of land access to which is necessary for the person to carry out the remediation and, if an occupier is not—

the lessee of the land—serve notice on the lessee; or

for land under a land sublease, the sublessee—serve notice on the sublessee;

that the person make progress reports to the authority on the remediation;

that the person advertise and conduct meetings to give progress reports to the public, and to receive public comment, on the remediation.

A person to whom an order is given under subsection (1) must—

conduct the remediation—

within the period specified in an order under subsection (1); and

in accordance with the prescribed standards and procedures for carrying out remediation, including standards and procedures specified in a relevant national environment protection measure; and

otherwise in accordance with the terms of the order; and

commission an environmental audit of the remediation by an auditor approved under section 75.

In preparing a report of an audit for this section, the auditor commissioned to conduct the audit of the remediation must have regard to—

the provisions of this Act; and

the permitted and approved uses of the land to which the remediation relates; and

the degree or extent of contamination; and

any relevant environmental protection policies; and

any relevant national environment protection measures.

Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).

For subsection (4) (b), the person to whom the order is given must submit the name of an auditor to the authority for approval within 10 working days of the date of the order.

Despite section 75, the authority must not approve an auditor for this section unless the auditor meets the prescribed criteria.

The lessee (or for land under a land sublease, the sublessee) of land to whom an order is given under subsection (1) must not, without the consent of the authority, transfer or sublet the land while the order is in force.

A person who, without reasonable excuse, contravenes subsection (4) commits an offence.

Maximum penalty: 200 penalty units.