Environment Protection Act 1993

This section applies to—

an owner or occupier of a site; or

a site contamination auditor or a site contamination consultant engaged for the purposes of making determinations or assessments in relation to site contamination on or below the surface of a site.

A person to whom this section applies must notify the Authority in writing as soon as reasonably practicable after becoming aware of the existence of site contamination at the site or in the vicinity of the site (whether arising before or after the commencement of this section) that affects or threatens water occurring naturally under the ground or introduced to an aquifer or other area under the ground. Maximum penalty:

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

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

The notification must—

describe the location of the site contamination sufficient to identify it; and

include the information known to the person about the nature and extent of the site contamination.

For the purposes of this section—

a person is not required to notify the Authority of a matter if the person has reason to believe that the matter has already come to the notice of the Authority or an officer engaged in the administration or enforcement of this Act; but

a person is required to notify the Authority of a matter despite the fact that to do so might incriminate the person or make the person liable to a penalty.

A notification given by a person in compliance with this section 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).