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CONTAMINATED LAND MANAGEMENT ACT 1997
- As at 14 March 2024
- Act 140 of 1997
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY
1. Name of Act
2. Commencement
3. Objects of this Act
4. Definitions
5. Contamination
6. Responsibility for contamination of land
7. Concept of notional owner
8. General functions of EPA
9. Need to maintain ecologically sustainable development
PART 2 - (Repealed)
None
PART 3 - MANAGEMENT OF CONTAMINATED LAND
Division 1 - Preliminary investigation of land
10. Preliminary investigation orders
Division 2 - Regulation of significantly contaminated land
11. Declaring land to be significantly contaminated land
12. Matters to be considered before declaring land to be significantly contaminated land
13. Choice of appropriate person to be made subject to management order
14. Management orders
15. Details of management order
16. Actions that may be required by management order
17. Voluntary management proposals
18-27. (Repealed)
Division 3 - Ongoing maintenance of management action
28. Ongoing maintenance orders
29. Ongoing maintenance--restrictions and covenants
Division 4 - Action by public authority
30. Public authority may step in if person fails to act
31. Duty of public authority
Division 5 - Entry on land
32. Refusal of entry on land
33. Liability for losses
Division 6 - Costs
33A. Recovery of money under this Division
34. Recovery of EPA's costs
35. Recovery of public authority's costs in carrying out order
36. Recovery of other costs
37. Public authority's priority if owner insolvent
38. Limit on liability of representative or trustee
39. Registration of cost notices
40. Charge on land subject to cost notice
41. Removal of charge
42. Repayment of appropriations out of Consolidated Fund
Division 6A - Financial assurances for actions required by relevant orders, restrictions and covenants
42A. Application of Division
42B. Restriction on requiring financial assurance
42C. Form of financial assurance
42D. Amount of financial assurance
42E. Guidelines about financial assurances
42F. Carrying out of action when assurer fails to do so
42G. Claim on or realising of financial assurance
42H. Lapsing of financial assurance
42I. Liability of EPA, State and others
42J. Financial assurance not to affect other action
42K. Disputes regarding claim on or realisation of financial assurance
Division 7 - General
43. Multiple orders and notices
44. Amendment or repeal of orders and notices
45. Obstruction of persons
46. EPA may give clean-up and prevention notices
PART 4 - SITE AUDITS
47. Definition
48. Statutory site audits
49. Accreditation panel
50. Application for accreditation as site auditor
51. Grant of accreditation as site auditor
52. Renewal of accreditation
53. Conditions of accreditation
53A. Directions
53B. Site audit reports and site audit statements
53C. Notification to EPA of statutory site audit
53D. Annual returns and other notifications
54. Site auditor to avoid conflicts of interest
55. (Repealed)
56. Revocation, suspension or refusal to renew accreditation
57. Holding out
PART 5 - INFORMATION
58. Record to be maintained by the EPA
59. Local authorities to be informed
60. Duty to report contamination
PART 6 - APPEALS
61. Appeals about management orders
62. Determination of appeals
PART 7 - ORDERS AGAINST DIRECTORS OR COMPANIES TO MANAGE CONTAMINATION AT OWN EXPENSE
63. Director of body corporate that is wound up
64. Director of body corporate that disposed of land
65. Holding company of body corporate that is wound up
PART 8 - EVIDENCE
66. Definitions
67, 68. (Repealed)
69. Proof of certain matters not required
70. Documentary evidence generally
71. Certificate evidence of certain matters
72. Evidence of analysts
PART 9 - (Repealed)
None
PART 10 - OFFENCES
Division 1 - Proceedings for offences generally
91. Proceedings for Part 3, 4 or 5 offences
92. Proceedings for other offences
92A. Penalty notices
93. Time for commencing proceedings
Division 2 - Who may institute proceedings for offences
94. EPA may institute proceedings
95. Other persons may institute proceedings with leave
Division 2A - Court orders in connection with offences
95AA. Operation of Division
95AB. Orders generally
95AC. Orders for restoration and prevention
95AD. Orders for costs, expenses and compensation at time offence proved
95AE. Recovery of costs, expenses and compensation after offence proved
95AF. Orders regarding costs and expenses of investigation
95A. Orders regarding monetary benefits
95B. Additional orders
Division 2B - Civil proceedings to recover particular monetary benefits
95C. Recovery of monetary benefits from related persons after offence proved
Division 3 - Civil proceedings to remedy or restrain breaches of Act or harm to environment or to enforce undertakings
96. Restraint of breaches
96A. Enforcement of undertakings
Division 4 - General
96B. Application of Chapter 7 of Protection of the Environment Operations Act 1997
96C. Powers of entry
97. Matters to be considered in imposing penalty
98. Liability of directors etc for offences by corporation--offences attracting executive liability
98A. Liability of directors etc for offences by corporation--accessory to the commission of the offences
98B. Evidence as to state of mind of corporation
99. Onus of proof of reasonable excuse
100. Continuing offences
PART 11 - MISCELLANEOUS
101. Act to bind Crown
102. Disputes between EPA and public authorities
103. False or misleading information
103A. Receiving monetary benefits
104. Publicity about contamination
105. Guidelines
106. Reasons for certain decisions
107. Disclosure of information
108. Service of documents
108A. Continuing effect of notices, orders and conditions
109. Relationship with other Acts
110. Effect of this Act on other rights, remedies and proceedings
111. (Repealed)
111A. Offset arrangements
112. Regulations
113. Repeal
114. (Repealed)
115. Savings and transitional provisions
116. Review of Act
Schedule 1 (Repealed)
SCHEDULE 2
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