Environmental Protection Act 1994

This section applies to relevant land only if the administering authority believes—

the land is contaminated land; and

the contamination may be managed by applying conditions to the use or development of, or activities carried out on, the land.

The administering authority may require a prescribed responsible person for the land to prepare or commission a draft site management plan for the land and submit the draft plan to the authority, in accordance with subdivision 2.

Also, the administering authority may prepare a site management plan for the relevant land.

Before taking action under subsection (2) or (3), the administering authority must give the prescribed responsible person a notice (a show cause notice) inviting the person to show cause why the action should not be taken.

A show cause notice must be in writing and state the following—

that the administering authority proposes to—

require the prescribed responsible person to prepare or commission a draft site management plan for the relevant land; or

prepare a site management plan for the relevant land;

the facts and circumstances forming the basis for the administering authority’s belief that—

the land is contaminated land; and

the contamination may be managed by applying conditions to the use or development of, or activities carried out on, the land;

that representations may be made about the proposed action;

how the representations may be made;

the period during which the representations must be made.

For subsection (5)(e), the period must end at least 20 business days after the day the show cause notice is given to the prescribed responsible person.