Queensland Consolidated Acts

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 326BA

326BA When environmental investigation required—contamination of land

(1) This section applies if—

(a) particulars of land are recorded in the environmental management register or contaminated land register; and

(b) the administering authority is satisfied, or suspects on reasonable grounds, the hazardous contaminant contaminating the land has the potential to cause serious environmental harm or material environmental harm; and

(c) the administering authority is satisfied a person, animal or another part of the environment may be exposed to the hazardous contaminant, whether on the land or not.

(2) The administering authority may, by written notice (also an
"investigation notice" ), require a prescribed responsible person for the land to—

(a) conduct or commission an investigation (also an
"environmental investigation" ) about the contamination or potential contamination of the land; and

(b) give the administering authority a site investigation report for the land in accordance with sections 389 and 390 .

(3) The administering authority must not require an environmental investigation to be conducted or commissioned if—

(a) the land is subject to a site management plan for the contamination; and

(b) the conditions of the plan are being complied with.