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ENVIRONMENTAL PROTECTION ACT 1994 - SECT 275B
Recording of residual risks
275B Recording of residual risks
(1) This section applies if the administering authority approves a surrender
application for which there is a post-surrender management report that
includes a risk management plan for land the subject of the surrender
application.
(2) As soon as practicable after approving the surrender
application, the administering authority must give the registrar of titles
written notice of the following— (a) each lot (each an
"affected lot" ), comprising or included in the land, in relation to which
remedial action or ongoing management activities may need to be carried out;
(b) the existence of the relevant post-surrender management report for each
affected lot.
(3) The notice must include particulars of each affected lot.
(4) The registrar must keep records that— (a) show each affected lot is
subject to residual risks; and
(b) state the places where the
relevant post-surrender management report for each affected lot may be
inspected.
(5) The registrar must keep the records in a way that a search of
the register kept by the registrar under any Act relating to title to an
affected lot will show— (a) the affected lot is subject to residual risks;
and
(b) the existence of the relevant post-surrender management report for
the affected lot.
(6) If the administering authority forms the belief that an
affected lot is not or is no longer subject to residual risks— (a) the
administering authority must, as soon as practicable after forming the belief,
give the registrar written notice of the belief; and
(b) the registrar must,
as soon as practicable after receiving the notice under paragraph (a) , remove
the details mentioned in subsection (5) (a) and (b) for the affected lot from
the registrar’s records.
(7) In this section—
"lot" means— (a) a lot under the Land Title Act 1994 ; or
(b) a separate,
distinct parcel of land for which an interest is recorded in a register under
the Land Act 1994 .
"relevant post-surrender management report" , for an affected lot, means the
post-surrender management report for the land, the subject of a surrender
application, comprising or including the affected lot.
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