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ENVIRONMENTAL PROTECTION ACT 1994 - SECT 407
Owner to give notice to occupant or proposed occupant
407 Owner to give notice to occupant or proposed occupant
(1) This section applies if particulars of land are recorded in the
contaminated land register.
(2) If a lease is in effect in relation to the
land when the particulars are recorded, the owner must, within 20 business
days after the particulars are recorded, give the lessee notice that
particulars of the land have been recorded in the register. Penalty—
Maximum penalty—50 penalty units.
(3) If, after the particulars are
recorded, the land’s owner proposes to enter into a lease with another
person, the owner must give notice about the recording of the particulars to
the person before entering into the lease. Penalty— Maximum
penalty—50 penalty units.
(4) If the owner does not give notice as
required under subsection (2) or (3) , the lessee or other person may
terminate the lease by written notice given to the owner within 10 days after
the person becomes aware of the recording of the particulars.
(5) Subsection
(4) applies despite anything to the contrary in the lease.
(6) In this
section—
"lease" means an agreement between the land’s owner and another person about
occupancy of the land.
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