Environment Protection Act 1993

This section applies to the following action taken by the

conducting investigations (including taking samples or conducting tests, examinations or analyses) in connection with—

issuing a site contamination assessment order or site remediation order; or

entering into an agreement for an approved voluntary site contamination assessment proposal under section 103I or an approved voluntary site remediation proposal under section 103K; or

investigating or monitoring compliance with such an order or agreement (including taking samples or conducting tests, examinations or analyses); or

conducting negotiations with the relevant person in relation to such an order or agreement.

If the Authority has incurred costs or expenses in taking action to which this section applies, the Authority may, by notice in writing served on the relevant person, require the person to pay to the Authority a fee fixed by, or calculated in accordance with, the regulations.

Subject to subsection (4), an amount payable to the Authority in accordance with a notice under this section must be paid within the period specified in the notice.

On application by a person who has been served a notice under this section, the Authority may, by notice in writing—

extend the time for payment of an amount payable in accordance with the notice; or

waive payment of such an amount or reduce the amount payable.

A person who fails to pay an amount payable to the Authority in accordance with this section is guilty of an offence. Maximum penalty: $1 000. Expiation fee: $500.

If a notice issued under this section requires payment of an amount in respect of a site contamination assessment order or site remediation order and the order is the subject of an appeal, the notice is suspended until the appeal has been determined (but if the court, on appeal, finds that the order was contravened or that the order was properly issued, as the case may be, the notice will have effect as if the period for payment specified in the notice commenced on the day on which the appeal was determined).

If an amount payable to the Authority is not paid in accordance with this section, the amount may be recovered as a debt by the

In this section—

who is or who would be the appropriate person to be issued with a site contamination assessment order or site remediation order in respect of the site (determined in accordance with section 103C); and

in respect of whom action to which this section applies is being or has been taken.