Environment Protection Act 1993

If—

the Authority is satisfied that site contamination exists at a site; and

the Authority considers that remediation of the site is required, taking into account current or proposed land uses, the Authority may issue a site remediation order in respect of the site to an appropriate person.

A site remediation order—

must be in the form of a written notice served on the person to whom it is issued; and

must specify the person to whom it is issued (whether by name or a description sufficient to identify the person); and

must specify the site; and

must give particulars of the site contamination; and

may include requirements for the person to whom it is issued to remediate the site within a specified period; and

may include requirements for—

preparing, in accordance with specified requirements and to the satisfaction of the Authority, a plan of remediation; and

complying with such a proposal to the satisfaction of the

may include authorisation for the site to be remediated, or any other action to be taken in respect of its remediation, on the Authority's behalf by authorised officers or other persons authorised by the Authority;

may include a requirement for a written report of the remediation to be submitted to the Authority in a specified form within a specified period;

may include a requirement that a person with specified qualifications be appointed or engaged to—

prepare a plan of remediation under paragraph (f); or

prepare a written report of the remediation under paragraph (h); or

carry out the remediation or other activities associated with the remediation; and

may include requirements for a site contamination audit to be carried out, in accordance with the guidelines issued from time to time by the

may include a requirement for specified consultations to be carried out with owners or occupiers of land in the vicinity of the site;

must state that the person may, within 14 days, appeal to the

If the order is issued to an appropriate person as an owner of the site as distinct from a person who caused the site contamination, the order must be limited in its application to site contamination on or below the surface of the site.

Where a proposed site remediation order (except an emergency site remediation order) or a proposed variation of a site remediation order would require the undertaking of an activity for which a permit would, but for section 106 of the Landscape South

An authorised officer may, if of the opinion that urgent action is required for the remediation of a site, issue a site remediation order imposing requirements of a kind referred to in subsection (2)(e) as reasonably required for the remediation of the site (an emergency site remediation order).

An emergency site remediation order may be issued orally, but, in that event, the person to whom the order is issued must be advised forthwith of the person's right to appeal to the Environment, Resources and Development

Where an emergency site remediation order is issued to a person, the order will cease to have effect on the expiration of 72 hours from the time of its issuing unless confirmed by a written site remediation order issued by the Authority and served on the person.

The Authority or an authorised officer may, if of the opinion that it is reasonably necessary to do so in the circumstances, include in an emergency or other site remediation order a requirement for an act or omission that might otherwise constitute a contravention of this Act and, in that event, a person incurs no criminal liability under this Act for compliance with the requirement.

The Authority may, by written notice served on a person to whom a site remediation order has been issued, vary or revoke the order.

Where, in accordance with subsection (2)(g), a site remediation order is issued authorising a person other than an authorised officer to take action, the following provisions apply:

the Authority must issue the person with an instrument of authority;

the person may exercise such powers of an authorised officer as are reasonably required for the purpose of taking action under that subsection;

the provisions of this Act apply in relation to the exercise of such powers by the person in the same way as in relation to an authorised officer;

the person must produce the instrument of authority for the inspection of any person in relation to whom the person intends to exercise powers of an authorised officer.

A person to whom a site remediation order is issued must comply with the order. Maximum penalty:

in the case of a body corporate—$120 000;

in the case of a natural person—$60 000.

It is not an excuse for a person to refuse or fail to provide information in response to a requirement imposed by a site remediation order on the ground that to do so might tend to incriminate the person or make the person liable to a penalty.

If compliance by a prescribed person with a requirement to provide information imposed by a site remediation order might tend to incriminate the person or make the person liable to a penalty, then the information given in compliance with the requirement is not admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty (other than proceedings in respect of the making of a false or misleading statement).