Where entry to a site, or the taking of action, to comply with notice or to remediate refused
54 Where entry to a site, or the taking of action, to comply with notice or to remediate refused
If a person who is responsible for remediation of a site, or on whom a notice under Part 4 is binding (the first person) —
needs to enter any land to take any action necessary to remediate, or to comply with a requirement of the notice; and
without reasonable cause, the occupier or owner, as is relevant, of the land —
refuses permission for the person to enter, or remain on, the land or to take any action on the land necessary to carry out the remediation, or to comply with a requirement of the notice; or
after a reasonable amount of time has elapsed, has failed to give permission for the person to do any of those things on the land,
then a decision may be made —
by the committee that the occupier or owner is to be the person responsible for that remediation and the first person is no longer the person responsible for that remediation; or
by the CEO that the notice is binding on that occupier or owner and is no longer binding on the first person,
as is relevant.
An owner or occupier referred to in subsection (1)(b) commits an offence.
Penalty: $500 000, and a daily penalty of $100 000.
An owner or occupier who takes any action necessary to remediate a site, or to comply with the requirements of a notice, as a result of a decision under subsection (1) may recover from the first person the reasonable costs incurred in taking that action and interest at the prescribed rate by action in a court of competent jurisdiction as a debt due.
If the committee considers that there is not enough information about the financial capacity of an owner or occupier in respect of whom the committee is considering making a decision under subsection (1), the committee may, by written notice, request —
that person; or
with the permission of that person, any other person,
to provide additional information about that financial capacity.
A person —
must comply with a request under subsection (4) within the time specified in the request; and
must not provide information or make a statement under subsection (4) that the person knows is false or misleading in a material particular.
Penalty: $250 000, and a daily penalty of $50 000.
A person on whom a notice is binding as a result of a decision under subsection (1)(d) may appeal in accordance with section 52.
A decision under subsection (1)(c) is a decision as to responsibility for remediation to which Part 3 Division 3 applies.
A decision under subsection (1)(c) or (d) is to be given by written notice to —
the relevant occupier or owner; and
the first person.
This provision refers to the regulations (prescribed rate
). Made under this Act:
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