Terms used in this Act

In force

(1)

In this Act, unless the contrary intention appears —

act includes an omission and extends to a series of acts or omissions;

affected site means a site on which contamination is caused, or contributed to —

(a)

by contamination; or

(b)

by a substance,

which has migrated to that site from another site (the source site);

auditor means a person accredited under section 69 as a contaminated sites auditor;

binding, in relation to a notice under Part 4, has the meaning given by section 47;

CEO means the chief executive officer of the Department;

CEO of the Health Department means the chief executive officer of the department principally assisting the Minister responsible for the administration of the Health Legislation Administration Act 1984;

certificate of contamination audit means a certificate referred to in section 63;

classify, in respect of a site, means to classify the site under Part 2;

clean up notice means a notice referred to in section 50;

committee means the Contaminated Sites Committee established under section 33;

contaminated has the meaning given by section 4;

database means the contaminated sites database kept under section 19;

decision as to responsibility for remediation has the meaning given by section 35;

EP Act means the Environmental Protection Act 1986;

exemption certificate means a certificate referred to in section 65;

guidelines means the guidelines made under section 97;

hazard abatement notice means a notice referred to in section 51;

insolvent means —

(a)

in the case of a natural person — a person who is an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth; and

(b)

in the case of a body corporate — a body corporate that is a Chapter 5 body corporate within the meaning of the Corporations Act 2001 of the Commonwealth;

investigation notice means a notice referred to in section 49;

management plan means a plan for the investigation or remediation, or both, of a site;

mandatory auditor’s report means a report by an auditor that is required for the purposes of this Act or the EP Act;

occupier, in relation to land, means a person in occupation or control of the land, whether or not the person also owns the land;

orphan site has the meaning given by section 32(1);

owner has the meaning given by section 5;

person responsible, in respect of a site classified as contaminated — remediation required, means a person responsible for remediation of the site in accordance with Part 3;

records means the information and documents to be kept under section 20;

remediation in respect of a site that is contaminated includes —

(a)

the attempted restoration of the site to the state it was in before the contamination occurred;

(b)

the restriction, or prohibition, of access to, or use of, the site;

(c)

the removal, destruction, reduction, containment or dispersal of the substance causing the contamination, or the reduction or mitigation of the effect of the substance;

(d)

the protection of human health, the environment or any environmental value from the contamination;

site means an area of land and includes —

(a)

underground water under that land; and

(b)

surface water on that land;

source site means a site —

(a)

on which contamination; or

(b)

on which a substance,

has originated and from which it has migrated to another site (the affected site) causing, or contributing to, contamination on that other site.

(2)

A word or expression used in this Act has the same meaning as it has in the EP Act unless —

(a)

this Act gives it another meaning; or

(b)

the contrary intention appears in some other way.

[Section 3 amended: No. 40 of 2005 s. 4; No. 14 of 2025 s. 8(2).]

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3 Terms used in this Act