Contaminated Sites Act 2003

A clean up notice is to set out the requirements to be complied with to remediate a site.

A clean up notice may be given only —

in respect of a site classified as contaminated — remediation required; and

if the CEO believes, on reasonable grounds, that appropriate action to remediate the site is not being, or has not been, taken.

A clean up notice —

is to specify —

the name and address of the person to whom it is given;

the reason for which it is given; and

a description of the location and extent of the site sufficient to identify it;

is to describe —

the form of remediation and monitoring to be undertaken; and

the content and form of information that is to be reported to the CEO.

Without limiting subsection (1) or (3), a clean up notice may require a person on whom it is binding to do one or more of the following —

to prepare a management plan and submit it to the CEO;

to comply with any management plan set out or referred to in the notice;

to comply with any approved policy or with any standard prescribed by or under the EP Act;

to prepare and implement a plan, in accordance with any relevant guidelines, for informing and consulting with the community regarding the remediation of the site;

to monitor compliance with, and remediation resulting from, a management plan;

to report to the CEO on any action taken under the notice and its outcome;

specify the time within which any requirement of the notice is to be complied with.

A clean up notice may require a person on whom it is binding to do any thing referred to in subsection (3) or (4) in accordance with an approval, direction or requirement of a type specified in the notice by a person specified in the notice.

If, in order to comply with the requirements of a clean up notice, a person will need to enter land of which the person is not an occupier, the notice —

may require the person to make reasonable attempts to obtain, within the time specified in the notice, the permission of the occupier or owner, as is relevant, to enter the land to take action to comply with the requirements of the notice; and

if a requirement is made under (a), is to briefly and accurately describe the effect of subsection (7).

If a person on whom a notice, which has a requirement referred to in subsection (6), is binding fails to obtain the permission of the occupier or owner after making reasonable attempts to do so within the time specified in the notice, the person is to notify the CEO of that failure within 3 days after the latest day on which the person was required to obtain the permission.