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This is a Bill, not an Act. For current law, see the Acts databases.


CONTAMINATED SITES BILL 2002

                      Western Australia



         Contaminated Sites Bill 2002

                         CONTENTS


      Part 1 -- Preliminary
1.    Short title                                             2
2.    Commencement                                            2
3.    Interpretation                                          2
4.    Meaning of "contaminated"                               4
5.    Meaning of "owner"                                      5
6.    Meaning of "owner, occupier, mortgagee or lessee of
      a site"                                                 5
7.    State bound                                             6
8.    Object and principles of Act                            6
9.    Effect on other laws                                    6
10.   Exemptions from Act                                     7
      Part 2 -- Reporting, classifying and
           recording sites
      Division 1 -- Reporting of sites
11.   Reporting of known, or suspected, contaminated sites   10
12.   Programme for reporting sites                          11
      Division 2 -- Classification of sites
13.   CEO to classify sites                                  13
14.   Classification of reported sites                       14
15.   Notice of classification is to be given                14
16.   Site classified as possibly contaminated --
      investigation required                                 16
17.   Database and records to be adjusted                    16
      Division 3 -- Appeals against classification
18.   Appeals against classification                         17


                           164--3                             page i
Contaminated Sites Bill 2002



Contents



           Division 4 -- Contaminated sites database and
                 other records
   19.     Contaminated sites database -- public access             18
   20.     Other records to be kept                                18
   21.     Public access to records                                19
           Part 3 -- Remediation of contaminated
                sites
           Division 1 -- Person responsible for remediation
   22.     Reference to person responsible for remediation
           includes all persons responsible                        20
   23.     Sites classified as contaminated -- remediation
           required are to be remediated                           20
   24.     Who is responsible for remediation -- hierarchy of
           responsibility                                          20
   25.     Person who caused, or contributed to,
           contamination -- responsibility for remediation          21
   26.     Person who changes use of land -- responsibility for
           remediation                                             22
   27.     Land owners -- responsibility for remediation            23
   28.     Insolvent bodies corporate -- responsibility for
           remediation                                             24
   29.     State -- responsibility for remediation                  26
   30.     Responsibility for remediation may be transferred       28
   31.     Mortgagee -- responsibility for remediation              30
   32.     Orphan sites                                            30
           Division 2 -- Contaminated Sites Committee
   33.     Contaminated Sites Committee                            32
   34.     Procedure of committee                                  32
           Division 3 -- Decisions as to responsibility
                  for remediation
   35.     Decisions as to responsibility for remediation          33
   36.     Committee to make decisions as to responsibility for
           remediation                                             33
   37.     Notice to be given before decision made                 34
   38.     Matters to be taken into account in making a decision
           as to responsibility for remediation                    35
   39.     Notice of decision to be given                          35



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                                          Contaminated Sites Bill 2002



                                                             Contents



40.   Appeal from decision as to responsibility for
      remediation                                               36

      Part 4 -- Investigation, clean up and
           hazard abatement notices
      Division 1 -- General
41.   Meaning of "notice" in this Part                          37
42.   Person to whom a notice may be given                      37
43.   Notice to be complied with                                38
44.   Auditor's report in relation to notice                    39
45.   Cancellation of notices                                   39
46.   Notice may be amended, or additional notice may be
      given                                                     40
      Division 2 -- Person on whom notice is binding
47.   Person on whom notice is binding                          40
48.   Certain notices binding on new owners                     40
      Division 3 -- Types of notices
49.   Investigation notice                                      41
50.   Clean up notice                                           43
51.   Hazard abatement notice                                   45
      Division 4 -- Appeals from notices
52.   Appeals from notices                                      46
      Part 5 -- Provisions relating to
          remediation and notices
      Division 1 -- Powers of CEO in respect of
             remediation, investigation and ensuring
             compliance with notices
53.   Powers in respect of remediation, investigation and
      ensuring compliance with notices                          47
54.   Where entry to a site, or the taking of action, to
      comply with notice or to remediate refused                49
      Division 2 -- Recovery of cost, and liability for
             losses, in some circumstances
55.   State may recover cost in some circumstances              51
56.   Person may recover cost in some circumstances             52
57.   Liability for losses                                      53



                                                               page iii
Contaminated Sites Bill 2002



Contents



           Division 3 -- Memorials
   58.     Memorial is to be lodged if notice given, or land
           classified as contaminated                                54
   59.     Notice of memorial to be given                            57
           Division 4 -- Contaminated Sites Management
                  Fund
   60.     Contaminated Sites Management Fund                        57
           Part 6 -- Certificates of contamination
                audit, exemption certificates and
                disclosure statements
           Division 1 -- Interpretation
   61.     Interpretation                                            59
           Division 2 -- Certificate of contamination audit
   62.     Request for certificate of contamination audit            59
   63.     Certificate of contamination audit                        60
           Division 3 -- Disclosure regarding contamination,
                  and exemption certificates
   64.     Disclosure statement made within 2 years of
           commencement of Act                                       62
   65.     Exemption certificates                                    63
   66.     Cancellation or amendment of exemption certificate        64
   67.     Appeals regarding exemption certificates                  65
   68.     Disclosure required to potential owners of certain land
           before change of ownership occurs                         66
           Part 7 -- Contaminated sites auditors
           Division 1 -- Accreditation
   69.     Accredited auditors                                       67
   70.     Authority of accredited auditor                           67
   71.     Offences relating to accreditation                        67
   72.     No action may be taken with respect to accreditation      68
           Division 2 -- Mandatory auditor's reports
   73.     Certification of mandatory auditor's reports              68
   74.     Offences relating to mandatory auditor's reports          69
   75.     Self-incriminatory information not exempt                 70
   76.     Use of information                                        70



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                                           Contaminated Sites Bill 2002



                                                              Contents



       Part 8 -- Appeals
       Division 1 -- Appeals from decisions of the
             committee
77.    Appeals as to responsibility for remediation and
       exemption certificates                                    71
78.    Supreme Court to hear and determine appeals on
       questions of law                                          71
       Division 2 -- Other appeals
79.    Lodging of appeals under section 18 or 52                 72
80.    Preliminary action in respect of certain appeals          72
81.    Reports under section 80                                  73
82.    Decision of committee                                     73
83.    Implementation by CEO of decisions on appeal              74
       Part 9 -- Enforcement
84.    Who can take proceedings for offences                     75
85.    Time for bringing prosecutions                            75
86.    Evidentiary provisions                                    76
87.    Daily penalties                                           76
88.    Attempt, incitement and accessory after the fact          77
89.    Inspectors, authorised officers and analysts              77
90.    Additional powers available to the court                  78
       Part 10 -- General
91.    Delegation                                                79
92.    Other provisions of EP Act apply                          79
93.    CEO may request information on wells                      79
94.    False or misleading information                           79
95.    Victimisation                                             80
96.    Confidentiality                                           82
97.    Guidelines                                                83
98.    Regulations                                               83
99.    Review of Act                                             84
100.   Consequential amendments to other Acts                    84




                                                                page v
Contaminated Sites Bill 2002



Contents



           Schedule 1 -- Classification of sites             85

           Schedule 2 -- Matters in respect of
               which regulations may be made                86
           Division 1 -- General                             86
           Division 2 -- Auditors and audits                 87

           Schedule 3 -- Consequential provisions            88
   1.      Environmental Protection Act 1986 amended        88
   2.      Land Administration Act 1997 amended             90
   3.      Town Planning and Development Act 1928 amended   91
   4.      Transfer of Land Act 1893 amended                91
           Defined Terms




page vi
                           Western Australia



                     LEGISLATIVE ASSEMBLY

                      (As amended in Committee)



              Contaminated Sites Bill 2002


                               A Bill for


An Act providing for the identification, recording, management and
remediation of contaminated sites, to consequentially amend certain
other Acts and for related purposes.



The Parliament of Western Australia enacts as follows:




                                                              page 1
     Contaminated Sites Bill 2002
     Part 1        Preliminary

     s. 1



                              Part 1 -- Preliminary
     1.         Short title
                This Act may be cited as the Contaminated Sites Act 2002.

     2.         Commencement
5               This Act comes into operation on a day fixed by proclamation.

     3.         Interpretation
          (1)   In this Act, unless the contrary intention appears --
                "act" includes an omission and extends to a series of acts or
                     omissions;
10              "auditor" means a person accredited under section 69 as a
                     contaminated sites auditor;
                "binding", in relation to a notice under Part 4, has the meaning
                     given by section 47;
                "CEO" means the chief executive officer of the Department;
15              "CEO of the Health Department" means the chief executive
                     officer of the department principally assisting the Minister
                     responsible for the administration of the Health Legislation
                     Administration Act 1984;
                "certificate of contamination audit" means a certificate
20                   referred to in section 63;
                "classify", in respect of a site, means to classify the site under
                     Part 2;
                "clean up notice" means a notice referred to in section 50;
                "committee" means the Contaminated Sites Committee
25                   established under section 33;
                "contaminated" has the meaning given by section 4;
                "database" means the contaminated sites database kept under
                     section 19;



     page 2
                                         Contaminated Sites Bill 2002
                                           Preliminary         Part 1

                                                                  s. 3



     "decision as to responsibility for remediation" has the
         meaning given by section 35;
     "EP Act" means the Environmental Protection Act 1986;
     "exemption certificate" means a certificate referred to in
5        section 65;
     "guidelines" means the guidelines made under section 97;
     "hazard abatement notice" means a notice referred to in
         section 51;
     "insolvent" means --
10       (a) in the case of a natural person -- a person who is an
                insolvent under administration within the meaning of
                the Corporations Act 2001 of the Commonwealth;
                and
         (b) in the case of a body corporate -- a body corporate
15              that is an externally-administered body corporate
                within the meaning of the Corporations Act 2001 of
                the Commonwealth;
     "investigation notice" means a notice referred to in section 49;
     "management plan" means a plan for the investigation or
20       remediation, or both, of a site;
     "mandatory auditor's report" means a report by an auditor
         that is required for the purposes of this Act or the EP Act;
     "occupier", in relation to land, means a person in occupation or
         control of the land, whether or not the person also owns the
25       land;
     "orphan site" has the meaning given by section 32(1);
     "owner" has the meaning given by section 5;
     "person responsible", in respect of a site classified as
         contaminated -- remediation required, means a person
30       responsible for remediation of the site in accordance with
         Part 3;
     "records" means the information and documents to be kept
         under section 20;

                                                               page 3
     Contaminated Sites Bill 2002
     Part 1        Preliminary

     s. 4



                "remediation" in respect of a site that is contaminated
                     includes --
                     (a) the attempted restoration of the site to the state it was
                           in before the contamination occurred;
5                    (b) the restriction, or prohibition, of access to, or use of,
                           the site;
                     (c) the removal, destruction, reduction, containment or
                           dispersal of the substance causing the contamination,
                           or the reduction or mitigation of the effect of the
10                         substance;
                     (d) the protection of human health, the environment or
                           any environmental value from the contamination;
                "site" means an area of land and includes --
                     (a) underground water under that land; and
15                   (b) surface water on that land.
          (2)   A word or expression used in this Act has the same meaning as
                it has in the EP Act unless --
                   (a) this Act gives it another meaning; or
                   (b) the contrary intention appears in some other way.

20   4.         Meaning of "contaminated"
          (1)   In this Act --
                "contaminated", in relation to land, water or a site, means
                     having a substance present in or on that land, water or site
                     at above background concentrations that presents, or has
25                   the potential to present, a risk of harm to human health, the
                     environment or any environmental value.
          (2)   However, land, water or a site, or land, water or a site of a
                prescribed class or description, is not contaminated where the
                regulations so provide.




     page 4
                                                     Contaminated Sites Bill 2002
                                                       Preliminary         Part 1

                                                                                  s. 5



     5.         Meaning of "owner"
          (1)   In this Act --
                "owner" means --
                   (a) in relation to freehold land --
5                          (i) a holder of the freehold; and
                          (ii) a mortgagee in possession;
                        and
                   (b) in relation to Crown land --
                           (i) the care, control and management of which
10                              has been placed in a management body, that
                                management body;
                          (ii) which is reserved, set apart or vested for, or
                                dedicated to, the purposes of another written
                                law, the person who is responsible for the
15                              administration of that Crown land while it is
                                so reserved, set apart, vested or dedicated;
                         (iii) which comprises all, or part, of an orphan site
                                taken in accordance with section 32(4), the
                                Minister; and
20                       (iv) other than land referred to in subparagraph (i),
                                (ii) or (iii), the Minister for Lands, as referred
                                to in section 7(1) of the Land Administration
                                Act 1997.
          (2)   In this section --
25              "Crown land" and "management body" have the same
                     respective meanings as in the Land Administration
                     Act 1997.

     6.         Meaning of "owner, occupier, mortgagee or lessee of a site"
                In this Act, a reference to an owner, occupier, mortgagee or
30              lessee of a site is a reference to each person who is an owner,



                                                                            page 5
     Contaminated Sites Bill 2002
     Part 1        Preliminary

     s. 7



                occupier, mortgagee or lessee, as is relevant, of land that
                comprises all, or part, of the site.

     7.         State bound
                This Act binds the State.

5    8.         Object and principles of Act
                The object of this Act is to protect human health, the
                environment and environmental values by providing for the
                identification, recording, management and remediation of
                contaminated sites in the State, having regard to the principles
10              in the Table to this section --
                                            Table
                1.     The polluter pays principle
                       Those who generate pollution and waste should bear the
                       cost of containment, avoidance or abatement.
                 2.    The principle of full life cycle costs
                       The users of goods and services should pay prices based
                       on the full life cycle costs of providing goods and
                       services, including the use of natural resources and
                       assets and the ultimate disposal of any wastes.
                 3.    The principle of waste minimisation
                       All reasonable and practicable measures should be taken
                       to minimise the generation of waste and its discharge
                       into the environment.

     9.         Effect on other laws
          (1)   The provisions of this Act are complementary to and not in
                derogation of the provisions of any other law of the State.
15        (2)   Without limiting the generality of subsection (1), this Act is not
                to be construed so as to prevent any person from being
                prosecuted under any other enactment for an offence punishable
                by this Act, or from being liable under any other law of the



     page 6
                                                       Contaminated Sites Bill 2002
                                                         Preliminary         Part 1

                                                                                s. 10



                 State to any other or higher penalty or punishment than is
                 provided for the offence by this Act.
           (3)   Nothing in this section affects the operation of section 11 of the
                 Sentencing Act 1995.
5          (4)   Nothing in this Act affects any right a person has at law to
                 prevent, control or abate contamination or to obtain damages.

     10.         Exemptions from Act
           (1)   The Minister may, with the approval of the Governor, declare
                 by order that all or any of the provisions of this Act specified in
10               the order do not apply in respect of --
                   (a) any specified area of the State;
                   (b) any specified premises, act or thing; or
                   (c) all premises, acts or things comprised in a specified
                         class or situated in a specified area of the State,
15               if, in the opinion of the Minister --
                    (d) it is in the general interest of the public to do so; and
                    (e) no significant risk to human health, the environment or
                          any environmental value will fail to be dealt with under
                          this Act as a result of the order.
20         (2)   Before making an order the Minister --
                   (a)   is to consult with the Minister responsible for the
                         administration of the Health Legislation Administration
                         Act 1984 and, if possible, reach agreement on any
                         proposed aspect of the order relating to human health;
25                       and
                  (b)    may seek comments from any public authority or any
                         person which or who has, in the opinion of the Minister,
                         a direct interest in the proposed subject matter of the
                         order.
30         (3)   The Minister may --
                  (a) specify any conditions to which the order is subject; and

                                                                              page 7
     Contaminated Sites Bill 2002
     Part 1        Preliminary

     s. 10



               (b)   require specified persons or members of specified
                     classes of persons to comply with any condition to
                     which the order is subject.
        (4)   The Minister is to fix the day on which an order made under
5             subsection (1) comes into operation by notice to be published in
              the Gazette, unless the order is disallowed under section 42(2)
              of the Interpretation Act 1984 as applied by subsection (12).
        (5)   The day fixed under subsection (4) is to be after there is no
              longer any possibility of the order ceasing to have effect under
10            section 42(2) of the Interpretation Act 1984 as applied by
              subsection (12).
        (6)   The Minister is to cause to be published in the Gazette in which
              an order is published a notice, for public information, setting out
              reasons for the making of the order.
15      (7)   Despite any other provisions of this Act, an order has effect
              according to its tenor subject to subsection (8).
        (8)   An order ceases to have effect if --
               (a) a condition to which it is subject ceases to exist or is
                     contravened; or
20             (b) it is revoked under subsection (9).
        (9)   Subject to subsection (10), the Minister may, with the approval
              of the Governor, by order revoke an order made under
              subsection (1).
       (10)   Before revoking an order the Minister is to publish in the
25            Gazette, at least 14 days before the day on which the Minister
              revokes the order, notice of the intention to revoke the order so
              that persons likely to be aggrieved by that revocation may make
              representations in writing to the Minister.
       (11)   A person must not contravene a condition to which an order is
30            subject.
              Penalty: $250 000, and a daily penalty of $50 000.


     page 8
                                                 Contaminated Sites Bill 2002
                                                   Preliminary         Part 1

                                                                          s. 10



     (12)   Section 42 of the Interpretation Act 1984 applies to an order as
            if that order were regulations within the meaning of that section,
            except that the reference in section 42(1) of that Act to 6 sitting
            days is for the purposes of this section to be construed as a
5           reference to 9 sitting days.
     (13)   Nothing in this section affects or prevents the application of
            section 43(8)(d) of the Interpretation Act 1984 to regulations
            made under this Act.
     (14)   In this section --
10          "specified" means specified in the order.




                                                                        page 9
     Contaminated Sites Bill 2002
     Part 2        Reporting, classifying and recording sites
     Division 1    Reporting of sites
     s. 11



       Part 2 -- Reporting, classifying and recording sites
                          Division 1 -- Reporting of sites
     11.         Reporting of known, or suspected, contaminated sites
           (1)   A person may report to the CEO any site that the person knows,
5                or suspects, is contaminated.
           (2)   A report is to --
                  (a) be in the prescribed form;
                  (b) contain a description of the location and extent of the
                        site sufficient to identify it; and
10                (c) summarise the information on which the person bases
                        their knowledge or suspicion that the site is
                        contaminated.
           (3)   Except as provided in subsection (5), a person referred to in
                 subsection (4) must report to the CEO any site that the
15               person --
                   (a) knows is contaminated, within 21 days after the day on
                         which the person first knew that the site was
                         contaminated, or such later period as the CEO approves
                         in writing before the expiry of that 21 days; or
20                 (b) suspects is contaminated, as soon as it is reasonably
                         practicable to do so.
                 Penalty: $250 000, and a daily penalty of $50 000.
           (4)   The following persons have a duty to report a site under
                 subsection (3) --
25                 (a) an owner or occupier of the site;
                   (b) a person who knows, or suspects, that he or she has
                         caused, or contributed to, the contamination;
                   (c) an auditor engaged to provide a report that is required
                         for the purposes of this Act in respect of the site.



     page 10
                                                        Contaminated Sites Bill 2002
                            Reporting, classifying and recording sites        Part 2
                                                    Reporting of sites   Division 1
                                                                                s. 12



           (5)   It is a defence to a charge of an offence under subsection (3) for
                 the person to prove that the person knew or believed on
                 reasonable grounds that --
                    (a) the site had already been reported to the CEO;
5                  (b) the contamination, or suspected contamination, was
                          caused by a discharge of waste of which the CEO had
                          already been notified under section 72 of the EP Act; or
                    (c) the site was, or was to be, reported under a programme
                          approved by the CEO under section 12, or in a
10                        programme submitted for that approval and approval has
                          not been refused.
           (6)   A person does not contravene subsection (3), even though he or
                 she does not comply with that provision, during the period of
                 6 months after the commencement of this Act.
15         (7)   The CEO is to ensure that each owner and occupier of a site in
                 relation to which the CEO has received a report is informed in
                 writing within 14 days after the day on which the report was
                 received that a report has been made under this section or that
                 reasonable attempts have been made to do so.
20         (8)   Subsection (7) does not apply in respect of an owner or occupier
                 who made the report.
           (9)   A person must not report a site --
                   (a) maliciously; and
                  (b) without reasonable grounds to believe or suspect that the
25                      site was contaminated.
                 Penalty: $250 000.

     12.         Programme for reporting sites
           (1)   The CEO may approve a programme for the identification and
                 reporting of sites described in the programme if the CEO is of
30               the opinion that it is necessary or desirable to do so due to the
                 number of sites or the complexity of adequately identifying sites
                 or the location and extent of sites.

                                                                            page 11
     Contaminated Sites Bill 2002
     Part 2        Reporting, classifying and recording sites
     Division 1    Reporting of sites
     s. 12



        (2)    A programme may be approved under subsection (1) only if the
               programme is submitted to the CEO for approval within
               6 months after the commencement of this Act.
        (3)    A programme submitted to the CEO is to specify --
5               (a)   the sites or types of sites to be identified and reported
                      under the programme;
                (b)   the methods to be used to identify the sites to be
                      reported under the programme;
                (c)   the timetable proposed for the identification and
10                    reporting of sites under the programme;
                (d)   the time within which the programme is to be
                      completed; and
                (e)   reasons why it is considered necessary or desirable for
                      the sites to be identified and reported under this section.
15      (4)    The CEO may, by written notice given to a person who has had
               a programme approved under subsection (1), amend the
               programme subject to subsection (5).
        (5)    A programme is not to be amended so as to --
                (a) reduce the time within which the programme is to be
20                    completed; or
                (b) increase the extent of the identification or reporting to
                      be carried out under the programme,
               unless the person who submitted the programme for approval
               has agreed in writing to the amendment.
25      (6)    A person who has had a programme for the reporting of sites
               approved under subsection (1) must ensure that sites are
               identified and reported --
                 (a) in accordance with the programme; and
                 (b) within the time specified in the programme for the
30                     completion of the programme.
               Penalty: $250 000, and a daily penalty of $50 000.


     page 12
                                                         Contaminated Sites Bill 2002
                            Reporting, classifying and recording sites         Part 2
                                                 Classification of sites  Division 2
                                                                                 s. 13



           (7)   In subsection (6)(a) --
                 "programme" includes, where relevant, a programme as
                      amended under this section.

                         Division 2 -- Classification of sites
5    13.         CEO to classify sites
           (1)   Subject to this section, the CEO is to classify a site when
                 required to do so under this Act, and may classify a site at any
                 other time.
           (2)   The CEO may classify a site more than once and a site is
10               classified as of the classification most recently conferred on it.
           (3)   The CEO is to classify a site as of the classification set out in
                 the first column of Schedule 1 which corresponds, in the CEO's
                 opinion, on reasonable grounds, to the criterion that applies to
                 the site set out opposite the classification in the second column
15               of that Schedule.
           (4)   In classifying a site the CEO is to take into account --
                   (a) any relevant guidelines;
                   (b) currently accepted industrial standards; and
                   (c) any other information the CEO considers relevant,
20               with respect to the identification, assessment, classification or
                 management of contamination.
           (5)   Before classifying a site the CEO --
                  (a) is to consult with the CEO of the Health Department
                        and, if possible, reach agreement on the classification of
25                      the site; and
                  (b) may seek comments from any public authority or any
                        person which or who has, in the opinion of the CEO, a
                        direct interest in the classification of the site.
           (6)   If the CEO and the CEO of the Health Department cannot agree
30               on the classification of a site the Minister and the Minister

                                                                             page 13
     Contaminated Sites Bill 2002
     Part 2        Reporting, classifying and recording sites
     Division 2    Classification of sites
     s. 14



                 responsible for the administration of the Health Legislation
                 Administration Act 1984 are to appoint a person to classify the
                 site.

     14.         Classification of reported sites
5          (1)   After receiving a report under section 11 or 12 the CEO is to
                 inquire into the report and unless the site is already classified is
                 to classify the site --
                   (a) within 45 days after receiving that report; or
                   (b) if, in the opinion of the CEO, there are particular
10                       circumstances which make it difficult to classify the site
                         within that time, within such further time as the CEO
                         decides is necessary to classify the site.
           (2)   The CEO is to cause written notice of a decision under
                 subsection (1)(b) to be given, or to ensure that reasonable
15               attempts have been made to do so --
                   (a) to the same persons as are to be given notice of the
                        classification of the site under section 15(1)(a) to (f);
                        and
                   (b) within 45 days after receiving the relevant report under
20                      section 11 or 12.

     15.         Notice of classification is to be given
           (1)   As soon as is practicable after a site is classified, and in any
                 event not later than 10 days after the site is classified, the CEO
                 is to cause written notice of the classification of the site to be
25               given, or to ensure that reasonable attempts have been made to
                 do so, to --
                    (a) each owner of the site;
                   (b) an occupier of the site;
                    (c) any relevant public authority;
30                 (d) any other person whom, in the opinion of the CEO, there
                         is particular reason to notify;


     page 14
                                                   Contaminated Sites Bill 2002
                      Reporting, classifying and recording sites         Part 2
                                           Classification of sites  Division 2
                                                                           s. 15



             (e)   a person who made the relevant report under section 11
                   or 12; and
             (f)   in respect of a site classified as contaminated --
                   remediation required, each person who, in the opinion
5                  of the CEO, may be a person responsible for
                   remediation of the site.
     (2)   Subject to subsection (3), notice of a classification may be given
           by way of --
             (a) a notice under Part 4;
10          (b) a certificate of contamination audit, in respect of a
                  classification referred to in subsection (3); or
             (c) any other written notice.
     (3)   Written notice of a classification may be given by way of a
           certificate of contamination audit only where a certificate has
15         been requested under section 62 and in respect of the following
           classifications --
             (a) not contaminated -- unrestricted use;
             (b) contaminated -- restricted use;
             (c) remediated for restricted use;
20           (d) contaminated -- remediation required; or
             (e) decontaminated.
     (4)   Notice of the classification of a site as --
            (a) contaminated -- restricted use;
            (b) remediated for restricted use; or
25          (c) contaminated -- remediation required,
           is to specify the restrictions on the use of the site.
     (5)   Notice of the classification of a site is to --
            (a) state that the site has been classified under this Act;
            (b) state the category of classification of the site;



                                                                       page 15
     Contaminated Sites Bill 2002
     Part 2        Reporting, classifying and recording sites
     Division 2    Classification of sites
     s. 16



                (c)    contain a description of the location and extent of the
                       site sufficient to identify it;
                (d)    provide brief reasons for the classification of the site,
                       with reference to the guidelines and any standards or
5                      other information taken into account under
                       section 13(4);
                (e)    contain details of any appeal available under this Act in
                       respect of the classification of the site, or the inclusion
                       of land in the site;
10               (f)   briefly and accurately summarise the effects of
                       section 68 if the site is classified as --
                          (i) contaminated -- remediation required;
                         (ii) contaminated -- restricted use; or
                        (iii) remediated for restricted use.

15   16.       Site classified as possibly contaminated -- investigation
               required
               A site classified as possibly contaminated -- investigation
               required is to remain so classified until classified as --
                 (a) contaminated -- remediation required;
20               (b) contaminated -- restricted use;
                 (c) remediated for restricted use;
                 (d) not contaminated -- unrestricted use; or
                 (e) decontaminated.

     17.       Database and records to be adjusted
25             As soon as is practicable after classifying a site, and in any
               event not later than 10 days after doing so, the CEO is to ensure
               that the database and records are adjusted to reflect the
               classification.




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                                                        Contaminated Sites Bill 2002
                            Reporting, classifying and recording sites        Part 2
                                        Appeals against classification   Division 3
                                                                                s. 18



                    Division 3 -- Appeals against classification
     18.         Appeals against classification
           (1)   A person who reports a site under section 11 or 12 may appeal
                 against a classification of that site as report not substantiated.
5          (2)   A person who is --
                  (a) an owner; or
                  (b) an occupier, who has been given notice under
                        section 15(1)(b),
                 of a site classified as --
10                (c)    possibly contaminated -- investigation required;
                  (d)    decontaminated; or
                  (e)    not contaminated -- unrestricted use,
                 may appeal against the classification, or the inclusion in the site
                 of land of which the person is an owner or occupier.
15         (3)   A person who is --
                  (a)    responsible for remediation;
                  (b)    an owner; or
                  (c)    an occupier, who has been given notice under
                         section 15(1)(b),
20               of a site classified as --
                   (d) contaminated -- remediation required;
                   (e) contaminated -- restricted use; or
                    (f) remediated for restricted use,
                 may appeal against the classification, or the inclusion in the site
25               of land of which the person is an owner, occupier or responsible
                 for remediation.
           (4)   An appeal is to be brought, dealt with and determined in
                 accordance with Part 8.


                                                                             page 17
     Contaminated Sites Bill 2002
     Part 2        Reporting, classifying and recording sites
     Division 4    Contaminated sites database and other records
     s. 19



      Division 4 -- Contaminated sites database and other records
     19.         Contaminated sites database -- public access
           (1)   The CEO is to keep an accurate and up to date contaminated
                 sites database containing --
5                  (a) a list of all sites classified as --
                            (i) contaminated -- remediation required;
                           (ii) contaminated -- restricted use;
                          (iii) remediated for restricted use;
                   (b) a description of the location and extent of each of those
10                       sites sufficient to identify it; and
                   (c) a description of the nature and extent of the known
                         contamination of each of those sites.
           (2)   The CEO is to ensure that members of the public have access,
                 free of charge, to the contaminated sites database.
15   20.         Other records to be kept
           (1)   The CEO is to keep accurate and up to date records
                 containing --
                   (a) information on contaminated underground water;
                   (b) copies of all of the following documents --
20                          (i) reports made under section 11 or 12;
                           (ii) programmes for the reporting of sites approved
                                under section 12;
                          (iii) notices of the classification of a site given under
                                section 15;
25                        (iv) notices given under Part 4;
                           (v) management plans submitted to the CEO;
                          (vi) sampling and analysis programmes given to the
                                CEO under section 49(4)(d);
                         (vii) memorials lodged under section 58;


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                                                          Contaminated Sites Bill 2002
                              Reporting, classifying and recording sites        Part 2
                         Contaminated sites database and other records     Division 4
                                                                                  s. 21



                           (viii)   disclosure statements made under section 64;
                             (ix)   certificates of contamination audit;
                              (x)   exemption certificates;
                             (xi)   notices given under section 39(1);
5                           (xii)   details of decisions published under
                                    section 83(2);
                           (xiii)   approvals given to the transfer of responsibility
                                    for remediation under section 30(1)(b) and (2);
                           (xiv)    agreements to a transfer of responsibility for
10                                  remediation under section 31;
                           (xv)     written disclosures made under section 68;
                           and
                   (c)     such other information and documents as the CEO
                           considers appropriate.
15         (2)   The records may be wholly or partly compiled, recorded or
                 stored in written form or on microfilm, or by electronic or other
                 means or in any other form the CEO considers appropriate.
           (3)   The records are to be retained by the CEO for such period as is
                 determined by the CEO.

20   21.         Public access to records
           (1)   The CEO is to ensure that a person who has, in the prescribed
                 manner, requested access to a summary of records in respect of
                 land specified in the application, and paid any fee prescribed, is
                 given access to, or copies of, the summary of records.
25         (2)   In this section --
                 "summary of records" means a summary, or copies, of such
                      information and documents from the records as are
                      prescribed, in the form prescribed, for the purposes of this
                      section.




                                                                               page 19
     Contaminated Sites Bill 2002
     Part 3        Remediation of contaminated sites
     Division 1    Person responsible for remediation
     s. 22



                 Part 3 -- Remediation of contaminated sites
                 Division 1 -- Person responsible for remediation
     22.          Reference to person responsible for remediation includes all
                  persons responsible
5          (1)    More than one person may be responsible for remediation of a
                  site.
           (2)    If more than one person is responsible for remediation of a site,
                  each person is responsible for that remediation to the extent
                  provided in accordance with this Part.
10         (3)    Unless the contrary intention appears, a reference in this Act to
                  a person, or the person, responsible for remediation of a site, is
                  to be construed as including each person responsible for
                  remediation of the site to the extent that the person is
                  responsible in each case under this Part.
15         (4)    A person's responsibility for remediation of a site under a
                  provision of this Part is in addition to any other responsibility
                  for remediation of the site that the person has under another
                  provision of this Part.

     23.          Sites classified as contaminated -- remediation required are
20                to be remediated
                  The only sites that are required to be remediated under this Act
                  are sites classified as contaminated -- remediation required.

     24.          Who is responsible for remediation -- hierarchy of
                  responsibility
25         (1)    A person is responsible for remediation of a site --
                   (a) in accordance with section 25, if the person has caused,
                         or contributed to, the contamination of the site;
                   (b) in accordance with section 26, if the person is an owner
                         or occupier of the site who has changed, or proposes to


     page 20
                                                       Contaminated Sites Bill 2002
                                  Remediation of contaminated sites          Part 3
                                  Person responsible for remediation    Division 1
                                                                               s. 25



                         change, the use to which land that comprises all, or part,
                         of the site is put; and
                   (c)   in accordance with section 27, if the person is an owner
                         of the site.
5          (2)   Subsection (1) has effect subject to --
                  (a) section 28;
                  (b) responsibility of the State for remediation under
                        section 29 (except where provision is made to the
                        contrary in section 26(2)(b) and 27(1)(d));
10                (c) responsibility for remediation being transferred under
                        section 30(1)(a); and
                  (d) a decision made under section 54.

     25.         Person who caused, or contributed to, contamination --
                 responsibility for remediation
15         (1)   A person is responsible for remediation of a site to the extent
                 that the person caused, or contributed to, the contamination of
                 the site after the commencement of this Act.
           (2)   Subsection (1) applies whether the contamination resulted from
                 an act that was done with lawful authority or without lawful
20               authority.
           (3)   A person who caused, or contributed to, the contamination of a
                 site before the commencement of this Act is responsible for
                 remediation of the site only to the extent that the person caused,
                 or contributed to, that contamination by an act that was done
25               without lawful authority.
           (4)   This section does not apply if the contamination resulted from a
                 reasonable act that was carried out in an emergency situation to
                 save life or to protect property or the environment.




                                                                            page 21
     Contaminated Sites Bill 2002
     Part 3        Remediation of contaminated sites
     Division 1    Person responsible for remediation
     s. 26



           (5)   In this section --
                 "an act that was done without lawful authority", without
                      limiting the meaning of the expression, includes an act --
                      (a) that constituted an offence for which the person was
5                            convicted; or
                      (b) that contravened --
                                (i) any written law in force at the time the act
                                    occurred; or
                               (ii) any contract, permit, lease, licence, standard,
10                                  policy, direction, exemption, authority,
                                    approval or requirement, however described,
                                    that was given or made under a written law in
                                    force at the time the act occurred.
           (6)   This section is subject to sections 26 and 27.

15   26.         Person who changes use of land -- responsibility for
                 remediation
           (1)   Where, after the commencement of this Act, an owner or
                 occupier of a site has changed, or proposes to change, the use to
                 which land that comprises all, or part, of the site is put, that
20               person is responsible for remediation of the site to the extent
                 that remediation is required because of the change, or proposed
                 change, of use.
           (2)   To the extent that the remediation is required because of the
                 change, or proposed change, of use referred to in
25               subsection (1) --
                   (a) a person who caused or contributed to the contamination
                         is not responsible for remediation of the site under
                         section 25; and
                   (b) the State is not responsible for remediation of the site
30                       under section 29(1)(a) or (b).




     page 22
                                                       Contaminated Sites Bill 2002
                                  Remediation of contaminated sites          Part 3
                                  Person responsible for remediation    Division 1
                                                                               s. 27



     27.         Land owners -- responsibility for remediation
           (1)   A person who became an owner of a site before the
                 commencement of this Act is responsible for remediation of the
                 site to the extent that --
5                  (a) the person knew, or suspected, or had reasonable
                          grounds to know or suspect, that the site was
                          contaminated at the time the person became an owner of
                          the site; and
                   (b) the person is an owner of the site,
10               and, to that extent --
                   (c) a person is not responsible for remediation of the site
                         under section 25; and
                   (d) the State is not responsible for remediation of the site
                         under section 29(1)(a) or (b).
15         (2)   A person who --
                  (a) became an owner of a site before the commencement of
                        this Act and who did not know, or suspect, and had no
                        reasonable grounds to know or suspect, that the site was
                        contaminated at the time the person became an owner of
20                      the site;
                  (b) becomes an owner of a site after the commencement of
                        this Act; or
                  (c) is an owner of a site and was an owner of that site at the
                        time the contamination was caused, or contributed to,
25               is responsible for remediation of the site to the extent that --
                  (d)   a person is not responsible under section 25 or 26; or
                  (e)   a person who is responsible under section 25 or 26 --
                          (i) cannot, after reasonable attempts have been
                               made, be identified or found or be made to
30                             assume responsibility for the remediation; or




                                                                            page 23
     Contaminated Sites Bill 2002
     Part 3        Remediation of contaminated sites
     Division 1    Person responsible for remediation
     s. 28



                          (ii)   is insolvent and a person has not been made
                                 responsible in accordance with section 28,
                 and the person is an owner of the site.
           (3)   An owner within the meaning of section 5(1)(b)(i) or (ii) is not
5                responsible for remediation of a site under subsection (1) or (2)
                 to the extent in each case as is decided by the committee after
                 taking into account the relevant circumstances and any matters
                 prescribed for the purposes of this section.
           (4)   A decision of the committee under subsection (3) is a decision
10               as to responsibility for remediation to which Part 3 Division 3
                 applies.
           (5)   An owner is not responsible for remediation under this section
                 to the extent provided by an exemption certificate given to the
                 owner under section 65(1).

15   28.         Insolvent bodies corporate -- responsibility for remediation
           (1)   This section applies to and in respect of a body corporate which
                 is a person responsible for remediation of a site under
                 section 25, 26 or 27, or under this section and --
                       (a) which is insolvent; or
20                     (b) in respect of which the committee has decided that
                            the body corporate would become insolvent if it took
                            action to remediate the site.
           (2)   Subject to subsections (3) and (4) --
                  (a) each person who was a director of an insolvent body
25                      corporate; and
                  (b) each body corporate that was a related body corporate,
                        for the purposes of the Corporations Act 2001 of the
                        Commonwealth, of an insolvent body corporate,
                 at the relevant time, may become a person responsible for the
30               remediation if so decided by the committee, to the extent as is
                 decided by the committee, after taking into account the relevant

     page 24
                                                 Contaminated Sites Bill 2002
                            Remediation of contaminated sites          Part 3
                            Person responsible for remediation    Division 1
                                                                         s. 28



           circumstances and any matters prescribed for the purposes of
           this section.
     (3)   The persons referred to in paragraphs (a) and (b) of
           subsection (2) may not, as a result of the operation of this
5          section, be jointly responsible for remediation of the site to a
           greater extent than the insolvent body corporate was responsible
           for remediation of the site.
     (4)   Subsection (2) does not apply in respect of a person referred to
           in paragraph (a) or (b) of that subsection unless the committee
10         has decided that --
             (a) the insolvency, or lack of solvency, of the insolvent
                   body corporate is a result of deliberate conduct engaged
                   in with, the committee has decided, the probable intent
                   of avoiding responsibility for remediation under this
15                 Act; and
             (b) the person --
                      (i) engaged in the conduct or knew, or had
                           reasonable grounds to suspect, that the conduct
                           was being engaged in;
20                   (ii) intended to avoid responsibility for remediation
                           under this Act or knew, had reasonable grounds
                           to suspect, or did not inquire as to whether, the
                           conduct was being engaged in with the intent of
                           avoiding responsibility for remediation under
25                         this Act; and
                    (iii) was in a position to influence the conduct.
     (5)   Where it is necessary to establish the state of mind of a body
           corporate in relation to particular conduct under subsection (4),
           it is sufficient that --
30            (a) the conduct was engaged in by a director, employee or
                    agent of the body corporate within the scope of his or
                    her actual or apparent authority; and



                                                                      page 25
     Contaminated Sites Bill 2002
     Part 3        Remediation of contaminated sites
     Division 1    Person responsible for remediation
     s. 29



                  (b)    the director, employee or agent had the relevant state of
                         mind.
           (6)   A decision of the committee under subsection (1), (2) or (4) is a
                 decision as to responsibility for remediation to which Part 3
5                Division 3 applies.
           (7)   In this section --
                 "director" has the same meaning as in the Corporations
                      Act 2001 of the Commonwealth;
                 "engage in conduct" includes failing or refusing to engage in
10                    conduct;
                 "insolvent body corporate" means a body corporate referred to
                      in subsection (1);
                 "relevant time" means, in relation to a person who was
                      responsible for remediation under --
15                    (a) section 25, when the act that caused, or contributed
                             to, the contamination occurred;
                      (b) section 26, when the change of use occurred; and
                      (c) section 27, when the person became an owner of the
                             site;
20               "state of mind" of a person includes --
                      (a) the knowledge, intention, opinion, belief or purpose
                             of the person; and
                      (b) the person's reasons for the intention, opinion, belief
                             or purpose.

25   29.         State -- responsibility for remediation
           (1)   The State is responsible for remediation of a site to the extent
                 that --
                   (a) the contamination of the site was a direct and
                        unavoidable result of a direction given, or an action
30                      carried out, by a public authority, other than a local
                        authority, unless the contamination resulted from a


     page 26
                                         Contaminated Sites Bill 2002
                    Remediation of contaminated sites          Part 3
                    Person responsible for remediation    Division 1
                                                                 s. 29



           reasonable direction given, or a reasonable act carried
           out, in an emergency situation to save life or to protect
           property or the environment;
     (b)   the contamination was present, or was caused or
5          contributed to by contamination that was present, on
           land that comprised all, or part, of the site and in respect
           of which a certificate of contamination audit was given
           which, at the time the certificate was given --
              (i) failed to identify the contamination due to a
10                  failure under section 63(4) to take into
                    account --
                        (I) any relevant guideline;
                       (II) any currently accepted industrial
                              standard; or
15                    (III) any other information contained in, or
                              accompanying, the request for the
                              certificate of contamination audit;
                    or
             (ii) identified the contamination, but failed to
20                  classify the site as contaminated -- remediation
                    required, contamination -- restricted use or
                    remediated for restricted use as a result of that
                    contamination being identified;
     (c)   no other person is responsible for remediation of the site
25         in accordance with section 24;
     (d)   if it has been decided by the committee that a person
           who is responsible for remediation of the site in
           accordance with section 24 --
              (i) cannot be identified or found; or
30           (ii) cannot be made to assume responsibility for the
                    remediation,
           after reasonable attempts have been made to do so;



                                                               page 27
     Contaminated Sites Bill 2002
     Part 3        Remediation of contaminated sites
     Division 1    Person responsible for remediation
     s. 30



                  (e)    a person responsible for remediation of the site in
                         accordance with section 24 is insolvent;
                   (f)   an owner is not responsible for remediation of the site in
                         accordance with section 27(3); or
5                 (g)    responsibility for remediation is transferred to the State
                         under section 30(1)(b) or 31.
           (2)   A decision of the committee under subsection (1)(d) is a
                 decision as to responsibility for remediation to which Part 3
                 Division 3 applies.
10         (3)   The CEO is to take such action as the CEO considers necessary,
                 with such assistance as the CEO considers necessary, to
                 investigate and remediate a site for which, and to the extent to
                 which, the State is responsible for remediation.
           (4)   Subject to sections 87 and 88 of the EP Act, an authorised
15               person or an inspector may assist the CEO to take any action
                 under subsection (3), if the CEO so requests.

     30.         Responsibility for remediation may be transferred
           (1)   A person responsible for remediation of a site may transfer that
                 responsibility, or part of that responsibility --
20                 (a) to another person, with that person's written agreement;
                        or
                   (b) in prescribed circumstances, and with the written
                        approval of the Minister, to the State.
           (2)   An agreement under subsection (1)(a) is of no effect unless
25               approved in writing by the CEO.
           (3)   A transfer under subsection (1) is to be on such terms and
                 conditions as the parties agree which may include --
                   (a) the transfer of all or part of the relevant land; or
                   (b) creating a charge on the relevant land.




     page 28
                                                 Contaminated Sites Bill 2002
                            Remediation of contaminated sites          Part 3
                            Person responsible for remediation    Division 1
                                                                         s. 30



     (4)   When seeking approval from the CEO under subsection (2), the
           person responsible for remediation is to give to the CEO --
             (a) a statement --
                     (i) to the effect that the person believes on
5                         reasonable grounds that the person to whom
                          responsibility is to be transferred has sufficient
                          financial capacity to carry out the remediation;
                          and
                    (ii) setting out the details of that financial capacity;
10                and
             (b) a certificate of contamination audit in respect of the
                  relevant land, or a request for a certificate of
                  contamination audit under section 62.
     (5)   If the CEO considers that there is not enough information about
15         the financial capacity of the person to whom responsibility is to
           be transferred for the CEO to approve the transfer under
           subsection (2), the CEO may, by written notice, request --
             (a) that person; or
             (b) with the permission of that person, any other person,
20         to provide additional information about that financial capacity.
     (6)   A person must not provide information or make a statement
           under subsection (4) or (5) that the person knows is false or
           misleading in a material particular.
           Penalty: $250 000, and a daily penalty of $50 000.
25   (7)   Section 32(3) applies in respect of a charge on land under
           subsection (3)(b) if the charge is for the benefit of the State, or a
           public authority nominated by the Minister.
     (8)   Where responsibility is transferred to a person or the State under
           this section, that person or the State becomes responsible for
30         remediation under this Act to the extent set out in the agreement
           or approval of the Minister, as is relevant, and the person from


                                                                        page 29
     Contaminated Sites Bill 2002
     Part 3        Remediation of contaminated sites
     Division 1    Person responsible for remediation
     s. 31



                 whom the responsibility was transferred is no longer the person
                 responsible for that remediation.

     31.         Mortgagee -- responsibility for remediation
           (1)   If a mortgagee in possession who is a person responsible for
5                remediation of a site under section 27 so requests, that
                 responsibility, or part of it, subject to agreement being reached
                 under subsection (3), is to be transferred to the State.
           (2)   A request is to be made --
                  (a) in writing to the CEO; and
10                (b) within 45 days after the day on which the person became
                        responsible under section 27.
           (3)   A transfer under this section is to be on the terms and conditions
                 agreed by the Minister, which may include --
                   (a) the transfer of all, or part, of the relevant land to the
15                      State, or a public authority nominated by the Minister;
                        or
                   (b) creating a charge on the relevant land, to secure the
                        estimated costs of the remediation, in favour of the State
                        or a public authority nominated by the Minister.
20         (4)   Section 32(3) applies in respect of a charge under
                 subsection (3)(b).

     32.         Orphan sites
           (1)   In this section --
                 "orphan site" means all, or part, of a site for which the State is
25                   responsible for remediation in accordance with --
                     (a) section 29(1)(c), unless the State is responsible for
                          remediation under that provision due to the operation
                          of an exemption certificate;
                     (b) section 29(1)(d); or



     page 30
                                                 Contaminated Sites Bill 2002
                            Remediation of contaminated sites          Part 3
                            Person responsible for remediation    Division 1
                                                                         s. 32



                (c)   section 29(1)(e), because a person responsible for
                      remediation is insolvent and the person, within
                      45 days or such longer period as is approved by the
                      CEO before the expiry of those 45 days, after the day
5                     on which the person became insolvent, has not
                      transferred responsibility under section 30.
     (2)   The Minister may, to secure the payment to the State of the cost
           of actions taken to investigate and remediate an orphan site,
           create a charge on land that comprises all, or part, of the orphan
10         site in favour of the State or a public authority nominated by the
           Minister.
     (3)   Whether or not a memorial has been registered under section 58,
           a charge on land for the benefit of the State, or a public
           authority nominated by the Minister, under subsection (2) or
15         section 30(3)(b) or 31(3)(b) --
             (a) ranks --
                     (i) equally with any other charge on the land created
                          by an Act; and
                    (ii) before any other encumbrance on the land,
20                        whether created or arising before or after the
                          charge was created;
                   and
             (b) remains on the land despite any disposal of the land, and
                   section 110 of the Transfer of Land Act 1893 does not
25                 apply to the charge.
     (4)   Subject to subsection (5), land --
            (a) that comprises all, or part, of an orphan site; and
            (b) in respect of which the State is responsible for all of the
                  remediation,
30         may be compulsorily taken under Parts 9 and 10 of the Land
           Administration Act 1997 as if for a public work within the
           meaning of that Act.


                                                                      page 31
     Contaminated Sites Bill 2002
     Part 3        Remediation of contaminated sites
     Division 2    Contaminated Sites Committee
     s. 33



           (5)   The power conferred by subsection (4) may be exercised only
                 on the recommendation of the Minister.

                   Division 2 -- Contaminated Sites Committee
     33.         Contaminated Sites Committee
5          (1)   The Minister is to establish a Contaminated Sites Committee
                 (the "committee").
           (2)   The committee is to consist of between 3 and 5 persons selected
                 from a panel of names by the Minister each of whom, in the
                 opinion of the Minister, has suitable expertise to make decisions
10               for the purposes of this Act.
           (3)   A panel of names from which a committee is to be selected is
                 to --
                   (a) contain the names of at least one legal practitioner and
                        one auditor; and
15                 (b) be chosen and submitted to the Minister in accordance
                        with the regulations.
           (4)   The committee is to determine its own procedures.
           (5)   A member of the committee is to be paid such remuneration and
                 allowances as the Minister, on the recommendation of the
20               Minister for Public Sector Management, determines from time
                 to time.
           (6)   The Minister is to arrange for the committee to have, or to have
                 the services or use of, staff or facilities to enable it to carry out
                 its functions.

25   34.         Procedure of committee
                 In making a decision under this Act the committee --
                   (a) is to consult the CEO and may consult any other person
                        it considers necessary to consult; and



     page 32
                                                         Contaminated Sites Bill 2002
                                 Remediation of contaminated sites             Part 3
                        Decisions as to responsibility for remediation    Division 3
                                                                                 s. 35



                  (b)   is to act according to equity, good conscience and the
                        substantial merits of the case, without regard to
                        technicalities or legal forms, is not bound by the rules of
                        evidence and is to conduct its inquiries in any manner it
5                       considers appropriate.

           Division 3 -- Decisions as to responsibility for remediation
     35.         Decisions as to responsibility for remediation
                 In this Division --
                 "decision as to responsibility for remediation" means a
10                   decision of the committee under section 27(3), 28(1), (2) or
                     (4), 29(1)(d), 36(2)(a) or 54(1)(c).

     36.         Committee to make decisions as to responsibility for
                 remediation
           (1)   The committee is to make decisions as to --
15                (a) who is responsible for remediation of a site;
                  (b) the extent to which a person is, or persons are,
                       responsible for remediation of a site.
           (2)   The committee --
                  (a)   is to make a decision as to responsibility for remediation
20                      if it is requested to do so by an interested person; and
                  (b)   may make a decision as to responsibility for remediation
                        on its own initiative.
           (3)   In this section --
                 "interested person" means a person who is prescribed as being
25                   an interested person for the purposes of this section.




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     Division 3    Decisions as to responsibility for remediation
     s. 37



     37.       Notice to be given before decision made
               Before making a decision as to responsibility for remediation in
               respect of a person, the committee is to give written notice to
               that person --
5                (a) if the decision is proposed to be made in accordance
                       with section 25, specifying --
                          (i) the nature of the contamination that the
                               committee reasonably suspects that the person
                               caused, or contributed to; and
10                       (ii) the extent of the contamination that the
                               committee reasonably suspects that the person
                               caused, or contributed to;
                 (b) if the decision is proposed to be made in accordance
                       with section 25(3), specifying the act that the committee
15                     reasonably suspects the person carried out without
                       lawful authority and giving details of --
                          (i) the conviction of the person for the offence that
                               was constituted by the act; or
                         (ii) any contravention described in paragraph (b) of
20                             the definition of "an act that was done without
                               lawful authority" in section 25(5);
                 (c) if the decision is proposed to be made in accordance
                       with section 26, specifying the change of use, or
                       proposed change of use, to which the relevant land is, or
25                     is to be, put;
                 (d) setting out any other matters regarding responsibility for
                       remediation that are relevant;
                 (e) informing the person that if the person wishes to
                       disagree with any statements made in the notice the
30                     person may, within the time specified in the notice,
                       make a written submission to the committee --
                          (i) specifying any statement that the person
                               disagrees with;


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                         Decisions as to responsibility for remediation    Division 3
                                                                                  s. 38



                          (ii)    giving reasons as to why the person disagrees
                                  with the statement; and
                          (iii)   providing any information or documents
                                  supporting the reasons given;
5                        and
                   (f)   briefly and accurately summarising the effect of
                         section 38.

     38.         Matters to be taken into account in making a decision as to
                 responsibility for remediation
10         (1)   A decision as to responsibility for remediation is to be made in
                 accordance with Division 1 and the section which empowers the
                 decision to be made.
           (2)   In making a decision as to responsibility for remediation the
                 committee is to take into consideration --
15                 (a) the contents of any notice given by the committee under
                        section 37; and
                   (b) any submission made to the committee referred to in
                        section 37(e) and any information or documents
                        provided in support of the reasons given in that
20                      submission,
                 and may take into consideration any other matters the
                 committee considers relevant.

     39.         Notice of decision to be given
           (1)   The committee is to ensure that notice of a decision as to
25               responsibility for remediation is given in writing to --
                   (a) each person who the committee has decided is
                        responsible for remediation;
                   (b) each person in respect of whom the committee has
                        decided there is to be a change in the extent of the
30                      person's responsibility for remediation;



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                  (c)    in the case of a decision under section 28, the insolvent
                         body corporate;
                  (d)    in the case of a request under section 36(2)(a) any
                         person who made the request;
5                 (e)    in the case of a decision under section 54(1)(c), the first
                         person within the meaning of that section; and
                   (f)   each interested person, within the meaning of
                         section 36(3).
           (2)   A notice given under subsection (1) is to --
10                (a) specify who is responsible for remediation and the
                        extent of the responsibility;
                  (b) specify the section of the Act under which the decision
                        is made;
                  (c) specify the reasons for the decision;
15                (d) contain details of the appeal available in respect of the
                        decision under section 77; and
                  (e) contain any other details prescribed.
           (3)   A notice given under subsection (1) has effect according to its
                 tenor.

20   40.         Appeal from decision as to responsibility for remediation
                 A person who has been given a notice of a decision under
                 section 39(1) may appeal against a decision of the committee in
                 accordance with section 77.




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                                                             General     Division 1
                                                                                s. 41



                 Part 4 -- Investigation, clean up and hazard
                             abatement notices
                                 Division 1 -- General
     41.          Meaning of "notice" in this Part
5                 In this Part, unless the contrary intention appears --
                  "notice" means any of the following --
                      (a) a clean up notice, a hazard abatement notice and an
                            investigation notice;
                      (b) a notice amending such a notice.

10   42.          Person to whom a notice may be given
           (1)    The CEO may, in his or her discretion, give a notice to any of
                  the following persons --
                    (a) if given in relation to a site classified as contaminated --
                          remediation required, a person responsible for
15                        remediation of the site;
                    (b) a person who, in the opinion of the CEO, would be a
                          person responsible for remediation of the site if the land
                          to which the notice relates was land that comprised all,
                          or part, of a site classified as contaminated --
20                        remediation required;
                    (c) an owner or occupier of land that comprises all, or part,
                          of the site to which the notice relates.
           (2)    The CEO may give more than one notice in respect of particular
                  land or a particular site or to a particular person.
25         (3)    A notice is to --
                   (a) be in writing; and
                   (b) contain details of any appeal available under this Act in
                         respect of the notice.



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     Division 1    General
     s. 43



           (4)   Each owner and occupier of a site in relation to which a notice
                 is given who has not been given the notice is to be provided
                 with a copy of the notice by the CEO within 10 days after the
                 day on which the notice was given, or the CEO is to ensure that
5                reasonable attempts have been made to do so.
           (5)   Before giving a notice the CEO --
                  (a)   is to consult with the CEO of the Health Department
                        and, if possible, reach agreement on the requirements of
                        the notice that relate to human health; and
10                (b)   may seek comments from any public authority or any
                        person which or who has, in the opinion of the CEO, a
                        direct interest in the site.
           (6)   If the CEO and the CEO of the Health Department cannot agree
                 on the requirements of a notice that relates to human health the
15               Minister and the Minister responsible for the administration of
                 the Health Legislation Administration Act 1984 are jointly to
                 appoint a person to decide what the requirements of the notice
                 will be.

     43.         Notice to be complied with
20         (1)   A person on whom a notice is binding must ensure that the
                 requirements of the notice are complied with within such time
                 as is specified in the notice.
                 Penalty: $500 000, and a daily penalty of $100 000.
           (2)   If a person --
25                 (a) is convicted of an offence under subsection (1) in
                          respect of a notice; or
                   (b) in the opinion of the CEO, has not complied with a
                          requirement of a hazard abatement notice within such
                          time as is specified in the notice, subject to
30                        subsections (3) and (4),
                 the CEO may take such action as is necessary under section 53
                 to ensure that the requirements of the notice are complied with.

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                                                             General     Division 1
                                                                                s. 44



           (3)   Before taking action under section 53 in the circumstances
                 referred to in subsection (2)(b), the CEO is to give to the person,
                 who in the opinion of the CEO has not complied with a
                 requirement of the hazard abatement notice, written notice --
5                  (a) stating that in the opinion of the CEO the person has not
                         complied with the requirement, or requirements, of the
                         hazard abatement notice which is, or are, specified in the
                         notice under this subsection; and
                   (b) giving details of the proposed action.
10         (4)   Notice is not required to be given under subsection (3) if the
                 Minister has given written approval for it to be dispensed with
                 because, in the opinion of the Minister, there is an urgent need
                 to take action to reduce or control the immediate and serious
                 risk of harm to human health, the environment or an
15               environmental value.

     44.         Auditor's report in relation to notice
                 A notice is to require a person on whom the notice is binding to
                 engage an auditor to report on the actions taken to comply with
                 the requirements of the notice.

20   45.         Cancellation of notices
           (1)   A notice may be cancelled --
                   (a)   in relation to all persons on whom the notice is binding,
                         by the CEO giving written notice of the cancellation to
                         each of those persons; or
25                 (b)   in relation to one or more of the person or persons on
                         whom the notice is binding, by the CEO giving written
                         notice of the cancellation to that person or each of those
                         persons.
           (2)   A notice that is cancelled under subsection (1)(a) is of no effect.
30         (3)   A notice that is cancelled under subsection (1)(b) in relation to a
                 person is no longer binding on that person.


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     Part 4        Investigation, clean up and hazard abatement notices
     Division 2    Person on whom notice is binding
     s. 46



           (4)   Each owner and occupier of a site in relation to which a notice
                 is cancelled under subsection (1)(b) who has not been given
                 written notice of the cancellation is to be provided with a copy
                 of that notice by the CEO within 10 days after the day on which
5                it was given, or the CEO is to ensure that reasonable attempts
                 have been made to do so.

     46.         Notice may be amended, or additional notice may be given
                 Where there is a requirement, or discretion, to give a notice
                 under this Act, a notice amending the notice, or an additional
10               notice of the same type, may be given.

                 Division 2 -- Person on whom notice is binding
     47.         Person on whom notice is binding
                 Subject to sections 45 and 79(3) and the outcome of any appeal,
                 a notice is binding on each person --
15                 (a) to whom it is given; and
                   (b) on whom it is binding in accordance with section 48
                         or 54.

     48.         Certain notices binding on new owners
           (1)   Subject to subsections (2) and (3), a notice --
20                (a) in respect of which a memorial under section 58 is
                        registered in respect of land; and
                  (b) which is binding on an owner of the land,
                 becomes binding on each person who becomes an owner of the
                 land at the time that the person becomes such an owner.
25         (2)   A clean up notice, or an investigation notice, in respect of which
                 a memorial under section 58 is registered in respect of land,
                 does not become binding on a person who becomes an owner of
                 the land because the person is a mortgagee in possession, until
                 45 days after the day on which the person became an owner of
30               the land.

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                                                      Types of notices   Division 3
                                                                                s. 49



           (3)   A clean up notice does not become binding on a person under
                 subsection (2) if, and to the extent that, within that 45 days, the
                 relevant responsibility for remediation is transferred to the State
                 under section 31.

5                           Division 3 -- Types of notices
     49.         Investigation notice
           (1)   An investigation notice is to set out the requirements to be
                 complied with to ensure that a site is investigated, monitored
                 and assessed.
10         (2)   An investigation notice is to be given only if, in the opinion of
                 the CEO, there are grounds to indicate --
                   (a) the possible contamination of a site; and
                   (b) that appropriate action to investigate, monitor or assess
                        the site is not being, or has not been, taken.
15         (3)   An investigation notice --
                   (a)   is to specify --
                            (i) the name and address of the person to whom it is
                                 given;
                           (ii) the reason for which it is given; and
20                        (iii) a description of the location and extent of the site
                                 sufficient to identify it;
                         and
                   (b)   is to describe --
                            (i) the form of investigation, monitoring and
25                               assessment to be undertaken; and
                           (ii) the content and form of information that is to be
                                 reported to the CEO.




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     Part 4        Investigation, clean up and hazard abatement notices
     Division 3    Types of notices
     s. 49



        (4)    Without limiting subsection (1) or (3), an investigation notice
               may require a person on whom it is binding to do one or more
               of the following --
                 (a) to take such measures as the CEO considers necessary to
5                      investigate the nature and extent of contamination and
                       its consequences;
                 (b) to prepare a management plan and submit it to the CEO;
                 (c) to monitor the effectiveness of actions taken under
                       paragraph (a);
10               (d) to prepare a sampling and analysis programme for
                       investigating the nature and extent of contamination and
                       give the programme to the CEO;
                 (e) to prepare and implement a plan, in accordance with any
                       relevant guidelines, for informing and consulting with
15                     the community regarding the investigation of the site;
                  (f) to report to the CEO on any action taken under the
                       notice and its outcome;
                 (g) specify the time within which any requirement of the
                       notice is to be complied with.
20      (5)    An investigation notice may require a person on whom it is
               binding to do any thing referred to in subsection (3) or (4) in
               accordance with an approval, direction or requirement of a type
               specified in the notice by a person specified in the notice.
        (6)    If, in order to comply with an investigation notice, a person will
25             need to enter land of which the person is not an occupier, the
               notice --
                  (a) may require the person to make reasonable attempts to
                        obtain, within the time specified in the notice, the
                        permission of the occupier or owner, as is relevant, to
30                      enter the land to take action to comply with the
                        requirements of the notice; and
                 (b) if a requirement is made under (a), is to briefly and
                        accurately describe the effect of subsection (7).


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                                                      Types of notices   Division 3
                                                                                s. 50



           (7)   If a person on whom a notice, which has a requirement referred
                 to in subsection (6), is binding fails to obtain the permission of
                 the occupier or owner after making reasonable attempts to do so
                 within the time specified in the notice, the person is to notify the
5                CEO of that failure within 3 days after the latest day on which
                 the person was required to obtain the permission.

     50.         Clean up notice
           (1)   A clean up notice is to set out the requirements to be complied
                 with to remediate a site.
10         (2)   A clean up notice may be given only --
                   (a)   in respect of a site classified as contaminated --
                         remediation required; and
                   (b)   if the CEO believes, on reasonable grounds, that
                         appropriate action to remediate the site is not being, or
15                       has not been, taken.
           (3)   A clean up notice --
                  (a) is to specify --
                           (i) the name and address of the person to whom it is
                                given;
20                        (ii) the reason for which it is given; and
                         (iii) a description of the location and extent of the site
                                sufficient to identify it;
                        and
                  (b) is to describe --
25                         (i) the form of remediation and monitoring to be
                                undertaken; and
                          (ii) the content and form of information that is to be
                                reported to the CEO.




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     Division 3    Types of notices
     s. 50



        (4)    Without limiting subsection (1) or (3), a clean up notice may
               require a person on whom it is binding to do one or more of the
               following --
                 (a) to prepare a management plan and submit it to the CEO;
5                (b) to comply with any management plan set out or referred
                       to in the notice;
                 (c) to comply with any approved policy or with any
                       standard prescribed by or under the EP Act;
                 (d) to prepare and implement a plan, in accordance with any
10                     relevant guidelines, for informing and consulting with
                       the community regarding the remediation of the site;
                 (e) to monitor compliance with, and remediation resulting
                       from, a management plan;
                  (f) to report to the CEO on any action taken under the
15                     notice and its outcome;
                 (g) specify the time within which any requirement of the
                       notice is to be complied with.
        (5)    A clean up notice may require a person on whom it is binding to
               do any thing referred to in subsection (3) or (4) in accordance
20             with an approval, direction or requirement of a type specified in
               the notice by a person specified in the notice.
        (6)    If, in order to comply with the requirements of a clean up
               notice, a person will need to enter land of which the person is
               not an occupier, the notice --
25                (a) may require the person to make reasonable attempts to
                        obtain, within the time specified in the notice, the
                        permission of the occupier or owner, as is relevant, to
                        enter the land to take action to comply with the
                        requirements of the notice; and
30               (b) if a requirement is made under (a), is to briefly and
                        accurately describe the effect of subsection (7).
        (7)    If a person on whom a notice, which has a requirement referred
               to in subsection (6), is binding fails to obtain the permission of

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                                                      Types of notices   Division 3
                                                                                s. 51



                 the occupier or owner after making reasonable attempts to do so
                 within the time specified in the notice, the person is to notify the
                 CEO of that failure within 3 days after the latest day on which
                 the person was required to obtain the permission.

5    51.         Hazard abatement notice
           (1)   A hazard abatement notice is to be given if in the opinion of the
                 CEO a site is contaminated and there is an immediate and
                 serious risk of harm to human health, the environment or any
                 environmental value ("a hazard").
10         (2)   A hazard abatement notice --
                   (a)   is to specify --
                            (i) the name and address of the person to whom it is
                                 given;
                           (ii) the reason for which it is given; and
15                        (iii) a description of the location and extent of the site
                                 sufficient to identify it;
                         and
                   (b)   is to describe --
                            (i) the actions required to be taken to abate the
20                               hazard; and
                           (ii) the content and form of information that is to be
                                 reported to the CEO.
           (3)   A hazard abatement notice --
                  (a) is to set out the requirements --
25                        (i) to be complied with to immediately control or
                               reduce the hazard; and
                         (ii) for informing and consulting with the community
                               regarding the hazard and the abatement of the
                               hazard, in accordance with any relevant
30                             guidelines;



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     Division 4    Appeals from notices
     s. 52



                  (b)    may require a report to be made to the CEO on any
                         action taken under the notice and its outcome; and
                   (c)   may specify the time within which any requirement of
                         the notice is to be complied with.

5                        Division 4 -- Appeals from notices
     52.         Appeals from notices
           (1)   Subject to subsection (5), a person on whom an investigation
                 notice or a clean up notice is binding may appeal against a
                 requirement of the notice.
10         (2)   Subject to subsection (3), a person may appeal against a
                 decision of the CEO --
                   (a) under section 42(1) to give the person a notice; or
                   (b) under section 54(1)(d) that a notice is binding on the
                        person.
15         (3)   A person --
                  (a) who is an owner or occupier of a site to which a notice
                        relates, other than an owner or occupier on whom a
                        notice is binding as a result of a decision made under
                        section 54(1)(d); or
20                (b) who is responsible for remediation of a site to which a
                        notice relates,
                 may not appeal against a decision referred to in subsection (2).
           (4)   Subsection (3)(b) does not affect the right of a person to appeal
                 under section 40.
25         (5)   An appeal is to be brought, dealt with and determined in
                 accordance with Part 8.




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                                                        Contaminated Sites Bill 2002
                       Provisions relating to remediation and notices         Part 5
           Powers of CEO in respect of remediation, investigation and    Division 1
                                    ensuring compliance with notices
                                                                                s. 53


                 Part 5 -- Provisions relating to remediation
                                and notices
            Division 1 -- Powers of CEO in respect of remediation,
              investigation and ensuring compliance with notices
5    53.          Powers in respect of remediation, investigation and ensuring
                  compliance with notices
           (1)    The CEO may, with such assistance as the CEO considers
                  necessary, enter on any land --
                    (a) in respect of which the CEO is authorised to take action
10                       under section 43(2) and on that land may take such
                         action as the CEO considers necessary to ensure that the
                         requirements of the relevant notice are complied with; or
                    (b) that comprises all, or part, of a site in respect of which
                         the State is responsible for remediation under section 29
15                       and on that land may take such action as the CEO
                         considers necessary to investigate and remediate the site
                         to the extent to which the State is responsible for
                         remediation.
           (2)    Before exercising a power of entry under subsection (1) in
20                respect of any land which --
                    (a) is occupied by a person or persons; or
                    (b) if it is not occupied by a person or persons, has been
                          alienated from the Crown for any estate of freehold,
                  the CEO is to give not less than 14 days written notice to the
25                occupier or, if it is not occupied, to the owner specifying --
                    (c) that --
                           (i) a requirement of a notice under Part 4, described
                                   in or attached to that notice, has not been
                                   complied with and the CEO is to take action to
30                                 ensure that the requirements of the notice under
                                   Part 4 are complied with; or


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     Division 1    Powers of CEO in respect of remediation, investigation and
                   ensuring compliance with notices
     s. 53


                        (ii)   the State is responsible for remediation under
                               section 29 and the CEO is to take action to
                               ensure that investigation and remediation are
                               carried out;
5               (d)    the part of the land on which entry is to be made; and
                (e)    the actions proposed to be taken on that part of that land
                       to comply with the requirements of the notice or to carry
                       out the investigation and remediation.
        (3)    Notice is not required to be given under subsection (2) if --
10              (a) the land comprises all, or part, of a site for which the
                       State is responsible for remediation under section 29
                       and, in the opinion of the CEO, the occupier, or if it is
                       not occupied, the owner cannot be identified or found;
                (b) the land has been taken in accordance with
15                     section 32(4); or
                (c) the Minister has given written approval to that effect
                       under subsection (4).
        (4)    At the request of the CEO, the Minister may give approval for
               notice of entry under subsection (2) to be dispensed with if --
20               (a) the entry is to be made due to a failure to comply with a
                       requirement of a hazard abatement notice; and
                 (b) in the opinion of the Minister, there is an urgent need to
                       take action to reduce or control the immediate and
                       serious risk of harm to human health, the environment or
25                     an environmental value.
        (5)    Despite approval being given under subsection (4), the CEO is
               to ensure that such notice as is reasonably practicable is given to
               the occupier, or if the land is not occupied, to the owner before
               exercising a power of entry under subsection (1).
30      (6)    Subject to sections 87 and 88 of the EP Act, an authorised
               person or an inspector may assist the CEO to take any action
               under this section, if the CEO so requests.


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           Powers of CEO in respect of remediation, investigation and    Division 1
                                    ensuring compliance with notices
                                                                                s. 54


     54.         Where entry to a site, or the taking of action, to comply with
                 notice or to remediate refused
           (1)   If a person who is responsible for remediation of a site, or on
                 whom a notice under Part 4 is binding (the "first person") --
5                  (a) needs to enter any land to take any action necessary to
                          remediate, or to comply with a requirement of the
                          notice; and
                   (b) without reasonable cause, the occupier or owner, as is
                          relevant, of the land --
10                           (i) 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
                            (ii) after a reasonable amount of time has elapsed,
15                                has failed to give permission for the person to do
                                  any of those things on the land,
                 then a decision may be made --
                   (c) by the committee that the occupier or owner is to be the
                         person responsible for that remediation and the first
20                       person is no longer the person responsible for that
                         remediation; or
                   (d) 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.
25         (2)   An owner or occupier referred to in subsection (1)(b) commits
                 an offence.
                 Penalty: $500 000, and a daily penalty of $100 000.
           (3)   An owner or occupier who takes any action necessary to
                 remediate a site, or to comply with the requirements of a notice,
30               as a result of a decision under subsection (1) may recover from
                 the first person the reasonable costs incurred in taking that



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     Division 1    Powers of CEO in respect of remediation, investigation and
                   ensuring compliance with notices
     s. 54


               action and interest at the prescribed rate by action in a court of
               competent jurisdiction as a debt due.
        (4)    If the committee considers that there is not enough information
               about the financial capacity of an owner or occupier in respect
5              of whom the committee is considering making a decision under
               subsection (1), the committee may, by written notice, request --
                 (a) that person; or
                 (b) with the permission of that person, any other person,
               to provide additional information about that financial capacity.
10      (5)    A person --
                 (a) must comply with a request under subsection (4) within
                      the time specified in the request; and
                (b) must not provide information or make a statement under
                      subsection (4) that the person knows is false or
15                    misleading in a material particular.
               Penalty: $250 000, and a daily penalty of $50 000.
        (6)    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.
20      (7)    A decision under subsection (1)(c) is a decision as to
               responsibility for remediation to which Part 3 Division 3
               applies.
        (8)    A decision under subsection (1)(c) or (d) is to be given by
               written notice to --
25              (a) the relevant occupier or owner; and
                (b) the first person.




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                       Provisions relating to remediation and notices            Part 5
                     Recovery of cost, and liability for losses, in some    Division 2
                                                          circumstances
                                                                                   s. 55


            Division 2 -- Recovery of cost, and liability for losses, in
                             some circumstances
     55.         State may recover cost in some circumstances
           (1)   If the CEO takes action under section 53(1)(a), the CEO may
5                recover the reasonable costs incurred in taking the action, and
                 interest at the prescribed rate, from a person on whom the
                 relevant notice is binding, by action in a court of competent
                 jurisdiction as a debt due to the Crown.
           (2)   If --
10                 (a)   the CEO takes action under section 53(1)(b) in respect
                         of an orphan site for which the State is responsible for
                         remediation in accordance with section 29(1)(d); and
                  (b)    within 6 years of the site becoming an orphan site the
                         person referred to in section 29(1)(d) is, in the opinion
15                       of the committee, identified, found or can be made to
                         assume responsibility for remediation,
                 that person --
                   (c) on being given notice under subsection (3); and
                   (d) subject to subsection (5),
20               is liable to repay the reasonable costs incurred in taking the
                 action under section 53(1)(b), with interest at the prescribed
                 rate, to the CEO.
           (3)   The committee is to give written notice to a person referred to in
                 subsection (2) --
25                 (a) who, in the opinion of the committee, would have been
                         responsible for remediation under section 24 if the State
                         had not taken responsibility;
                   (b) stating that, in the opinion of the committee, the person
                         is liable under this section and --
30                          (i) specifying the extent of the person's
                                  responsibility for remediation;


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     Division 2    Recovery of cost, and liability for losses, in some
                   circumstances
     s. 56


                          (ii)   specifying the reasonable costs incurred in
                                 carrying out the investigation and remediation,
                                 and the amount of interest, that the person is
                                 liable to pay;
5                        (iii)   requiring that the amount referred to in
                                 subparagraph (ii) be paid within the time
                                 specified in the notice, or such further time as is
                                 agreed; and
                          (iv)   containing such other details as are prescribed;
10                       and
                   (c)   containing details of any appeal available under
                         section 77.
           (4)   The CEO may recover the costs and interest referred to in
                 subsection (2) by action in a court of competent jurisdiction as a
15               debt due to the Crown.
           (5)   Subsection (2) applies in respect of land which has been taken
                 in accordance with section 32(4) only if the land, as remediated,
                 is valued at a lesser amount than the amount of the reasonable
                 costs incurred in taking the action under section 53(1)(b), and in
20               that situation, the amount which may be recovered under
                 subsection (2) is the amount of the reasonable costs incurred in
                 taking the action under section 53(1)(b) minus the amount of the
                 value of the land.
           (6)   A person who has been given a notice under subsection (3) may
25               appeal against a decision of the committee --
                   (a) to give the person the notice; or
                   (b) to require the payment of the amount specified in the
                         notice,
                 in accordance with section 77.

30   56.         Person may recover cost in some circumstances
           (1)   Subject to subsection (3), a person who carries out any
                 investigation or remediation in respect of a site may, to the

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                     Recovery of cost, and liability for losses, in some    Division 2
                                                          circumstances
                                                                                   s. 57


                 extent that that person is not the person responsible for that
                 remediation of the site, recover from the person responsible for
                 that remediation, the reasonable cost incurred in taking
                 reasonable action --
5                  (a) to carry out that investigation or remediation; and
                   (b) to comply with any notice under Part 4 binding on that
                         person in respect of the site,
                 and interest at the prescribed rate, by action in a court of
                 competent jurisdiction as a debt due.
10         (2)   A written statement by the CEO, in respect of a particular site,
                 stating that --
                   (a) the action described in the statement was reasonable to
                          investigate or remediate the site; or
                   (b) that costs specified in the statement were reasonable
15                        costs to incur in taking the action described in the
                          statement or under the relevant notice under Part 4,
                 is to be taken to be proof of the statement in any proceedings
                 under this Act, unless the contrary is shown.
           (3)   Subsection (1) applies in respect of a site for which the State is
20               responsible for remediation only if --
                   (a) the action was taken to comply with a notice under
                        Part 4 in respect of the site; or
                   (b) the State is responsible for remediation of the site under
                        section 29(1)(a) or (b).
25         (4)   An action under this section may be commenced at any time
                 within 6 years after the date on which the cause of action
                 accrued and may not be commenced after that time.

     57.         Liability for losses
                 Except as may be otherwise prescribed, a person responsible for
30               remediation of a site or a person on whom a notice under Part 4
                 is binding who, with the permission of the occupier or owner of

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     Part 5        Provisions relating to remediation and notices
     Division 3    Memorials
     s. 58



                 land, as is relevant, enters that land to take any action necessary
                 to enable the person to carry out the remediation or to comply
                 with the requirements of the notice is liable --
                   (a) to that occupier for any loss suffered by the occupier as
5                        a result of that entry or those actions, including any loss
                         suffered by the occupier due to interruption to the
                         business of the occupier on that land; and
                   (b) to the owner of the land for any loss suffered by the
                         owner as a result of that entry or those actions, including
10                       any loss suffered by the owner due to interruption to the
                         business of the owner on that land or any injury to the
                         land caused by that person.

                               Division 3 -- Memorials
     58.         Memorial is to be lodged if notice given, or land classified as
15               contaminated
           (1)   The CEO is to ensure a memorial is lodged with the Registrar in
                 respect of --
                   (a) land --
                           (i) that comprises all, or part, of a site, classified
20                             as --
                                   (I) contaminated -- remediation required;
                                  (II) contaminated -- restricted use;
                                 (III) remediated for restricted use; or
                                 (IV) possibly contaminated -- investigation
25                                      required;
                               or
                          (ii) in respect of which a notice under Part 4 has
                               been given, other than a notice under section 46
                               amending a previous notice;
30                       or



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                                                       Memorials     Division 3
                                                                            s. 58



            (b)    land on which a charge in favour of the State, or a public
                   authority nominated by the Minister, has been placed
                   under --
                      (i) section 30(3)(b);
5                    (ii) section 31(3)(b); or
                    (iii) section 32(2),
           as soon as is practicable after the site has been classified, the
           notice has been given or the charge has been created.
     (2)   The Registrar, on payment of any relevant fee, is to register the
10         memorial against the relevant land.
     (3)   If --
             (a)   in respect of land referred to in subsection (1)(a)(i), the
                   site of which the land comprises all, or part, is classified
                   as decontaminated or not contaminated -- unrestricted
15                 use;
            (b)    in respect of land referred to in subsection (1)(a)(ii), the
                   relevant notice is cancelled under section 45(1)(a);
             (c)   in respect of land referred to in subsection (1)(b), in the
                   opinion of the CEO, the amount secured by the charge is
20                 paid or recovered, or the charge is no longer required; or
            (d)    a decision is made on appeal --
                      (i) in respect of land referred to in
                           subsection (1)(a)(i), to set aside the classification
                           of the site of which the land comprises all, or
25                         part, or to exclude the land from the site to which
                           the classification applies; or
                     (ii) in respect of land referred to in
                           subsection (1)(a)(ii), that the notice no longer
                           applies in respect of the land,
30         the CEO is to give notice to the Registrar that the memorial is to
           be withdrawn and the Registrar, on payment of any relevant fee,
           is to register the withdrawal of the memorial in the appropriate


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     Part 5        Provisions relating to remediation and notices
     Division 3    Memorials
     s. 58



               manner and by doing so, in respect of land referred to in
               subsection (1)(b), remove the charge from the land.
        (4)    A memorial, and notice that a memorial is to be withdrawn --
                (a) is to --
5                      (i) specify the classification of the site of which the
                             land comprises all, or part, or the type of notice,
                             as is relevant; or
                      (ii) describe the charge;
                    and
10              (b) is to be in a form approved by the Registrar.
        (5)    In a memorial in respect of land that comprises all, or part, of a
               site classified as contaminated -- remediation required, the
               CEO may specify that an instrument affecting the land is not to
               be registered or accepted for registration unless the CEO
15             consents in writing to that registration and the Registrar is to
               give effect to such a specification.
        (6)    If a memorial is registered under this section in respect of land
               referred to in subsection (1)(a)(i), then --
                 (a) the Western Australian Planning Commission is not to
20                     approve under section 20 of the Town Planning and
                       Development Act 1928 the subdivision of that land, or
                       the amalgamation of that land with any other land; and
                 (b) a responsible authority is not to grant approval under a
                       scheme for any proposed development of that land,
25             without seeking, and taking into account, the advice of the CEO
               as to the suitability of the land for the subdivision,
               amalgamation or development.
        (7)    A memorial registered in respect of a notice under Part 4 retains
               its priority in relation to all other mortgages, charges and
30             encumbrances on that land despite the amendment of the notice
               under section 46.



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                                Contaminated Sites Management Fund          Division 4
                                                                                   s. 59



           (8)     A memorial registered under this section has effect until it is
                   withdrawn.
           (9)     In this section --
                   "register" means to register under the Registration of Deeds
5                       Act 1856 or Transfer of Land Act 1893, as the case
                        requires;
                   "Registrar" means the Registrar of Titles under the Transfer of
                        Land Act 1893 or the Registrar of Deeds and Transfers
                        under the Registration of Deeds Act 1856, as the case
10                      requires.

     59.           Notice of memorial to be given
                   As soon as is practicable after a memorial is registered or
                   withdrawn under section 58 written notice that the memorial is
                   registered or withdrawn, with a copy of the memorial or notice
15                 to withdraw the memorial attached, as is relevant, is to be given
                   by the CEO to --
                     (a) each owner of the relevant land;
                     (b) the Western Australian Planning Commission;
                     (c) the CEO of the Health Department;
20                   (d) each local government which has located within its
                           district all, or part, of the relevant land; and
                     (e) each responsible authority the scheme of which applies
                           to all, or part, of the relevant land.

                 Division 4 -- Contaminated Sites Management Fund
25   60.           Contaminated Sites Management Fund
           (1)     The funds referred to in subsection (2) are to be credited to an
                   account to be called the "Contaminated Sites Management
                   Fund" (the "Fund").




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     Division 4    Contaminated Sites Management Fund
     s. 60



        (2)    The funds available for the purposes set out in
               subsection (3) are --
                 (a) moneys from time to time appropriated by Parliament
                      for that purpose;
5                (b) at the discretion of the Treasurer --
                         (i) money received by the State from the sale of
                              land that comprised all, or part, of an orphan site
                              taken in accordance with section 32(4); and
                        (ii) fees collected under section 21(1) or 62(3)(f) or
10                            under the regulations;
                 (c) moneys received or recovered by the State under
                      section 55 or 56;
                 (d) moneys received by the State as a result of a charge
                      under section 30(3)(b), 31(3)(b), or 32(2); and
15               (e) other moneys lawfully received by, or made available or
                      payable to, the Fund or to the CEO for the purpose of --
                         (i) the Fund; or
                        (ii) investigation or remediation carried out by the
                              State under this Act.
20      (3)    The Fund may be applied by the Minister for all or any of the
               following purposes --
                 (a) the investigation or remediation of any site for the
                      remediation of which the State, or a public authority
                      (other than a local government), is responsible;
25               (b) taking any action under section 53.
        (4)    The Fund is to be administered by the Minister.
        (5)    The provisions of the Financial Administration and Audit
               Act 1985 regulating the financial administration, audit and
               reporting of departments apply to and in relation to the Fund.
30      (6)    For the purposes of section 52 of the Financial Administration
               and Audit Act 1985, the administration of the Fund is to be
               regarded as a service of the Department.

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                                               disclosure statements
                                   Certificate of contamination audit   Division 1
                                                                               s. 61


             Part 6 -- Certificates of contamination audit,
            exemption certificates and disclosure statements
                             Division 1 -- Interpretation
     61.         Interpretation
5                In this Part, unless the contrary intention appears --
                 "land" includes --
                     (a) underground water under that land; and
                     (b) surface water on that land.

                 Division 2 -- Certificate of contamination audit
10   62.         Request for certificate of contamination audit
           (1)   Any of the following persons may, in the prescribed form,
                 request a certificate of contamination audit from the CEO in
                 respect of land --
                   (a) the owner of the land;
15                 (b) the occupier of the land;
                   (c) a person responsible for remediation of a site of which
                         the land comprises all, or part;
                   (d) a person on whom a notice under Part 4 in respect of the
                         land is binding.
20         (2)   If a request for a certificate of contamination audit is made in
                 respect of land by a person who is not the owner of the land a
                 copy of the request is to be given by that person to the owner
                 within 14 days after the day on which the request was made.
           (3)   A request for a certificate of contamination audit is to contain or
25               be accompanied by the following --
                   (a) an assessment of whether the land is contaminated and,
                        if contaminated, the extent and type of the known
                        contamination;


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                   disclosure statements
                   Certificate of contamination audit
     s. 63


                  (b)    a recommendation as to classification and where
                         relevant, any recommended restrictions on land use;
                  (c)    any other information prescribed;
                  (d)    any other information requested by the CEO to enable
5                        the CEO to deal with the request;
                   (e)   where a mandatory auditor's report is required in
                         accordance with the regulations, that report;
                   (f)   the prescribed fee.
           (4)   The CEO --
10                 (a)   may decline to deal with a request if the request or
                         accompanying information does not comply with this
                         section; and
                  (b)    if the CEO so declines, is to advise the person who made
                         the request in writing accordingly and request such
15                       further information as is required.

     63.         Certificate of contamination audit
           (1)   After considering a request for a certificate of contamination
                 audit in respect of land, the CEO is to --
                   (a) subject to subsections (4) and (5), give a certificate of
20                       contamination audit to the person who requested it; or
                   (b) classify a site that comprises all, or part, of the land as
                         possibly contaminated -- investigation required and
                         give written notice of the classification to the person
                         who requested the certificate.
25         (2)   The CEO is to take action under subsection (1) --
                  (a) within 45 days after --
                         (i) receiving a request for a certificate of
                               contamination audit in respect of the land; or
                        (ii) if a request for further information has been
30                             made under section 62(4), receiving the further
                               information requested; or


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                                              disclosure statements
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                                                                              s. 63


               (b)   if, in the opinion of the CEO, there are particular
                     circumstances which make it difficult to take action
                     under subsection (1) within that time, within such
                     further time as the CEO decides is necessary to take the
5                    action.
       (3)   The CEO is to cause written notice of a decision under
             subsection (2)(b) to be given, or to ensure that reasonable
             attempts have been made to do so --
               (a) to the person who requested the certificate of
10                  contamination audit in respect of the land and, at the
                    discretion of the CEO, any other owner or occupier of
                    the land; and
               (b) within the time referred to in subsection (2)(a).
       (4)   The CEO is to give a certificate of contamination audit in
15           respect of land if satisfied, on reasonable grounds, that all
             contamination on the land that can be identified has been
             identified, taking into account --
               (a) any relevant guidelines;
               (b) currently accepted industrial standards; and
20             (c) any other information the CEO considers relevant,
             with respect to the identification of contamination.
       (5)   A certificate of contamination audit in respect of land is to --
              (a) be in the prescribed form;
              (b) classify the site in accordance with section 15(3); and
25            (c) specify the nature and extent of all identified
                     contamination of the land.
       (6)   A copy of a certificate of contamination audit is to be given by
             the CEO to --
               (a) each owner of the land in respect of which the certificate
30                  is given; and
               (b) at the discretion of the CEO, an occupier of the land.


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                   disclosure statements
     Division 3    Disclosure regarding contamination, and exemption certificates
     s. 64


           (7)   The CEO may, by written notice given to a person to whom a
                 certificate of contamination audit has been given, amend that
                 certificate to correct --
                   (a) a clerical mistake or unintentional error or omission in
5                         the certificate;
                   (b) a figure in the certificate which has been miscalculated;
                          or
                   (c) the misdescription of any person, thing or property
                          referred to in the certificate.
10         (8)   Where a certificate of contamination audit is given in respect of
                 land, any certificate of contamination audit given previously in
                 respect of that land is no longer of any effect under this Act in
                 respect of that land.

             Division 3 -- Disclosure regarding contamination, and
15                          exemption certificates
     64.         Disclosure statement made within 2 years of commencement
                 of Act
           (1)   An owner of land may make a disclosure statement with respect
                 to the contamination of that land to the committee --
20                 (a) in the prescribed form;
                   (b) in respect of land of which that person --
                           (i) is the owner; and
                          (ii) was the owner immediately before the
                                commencement of this Act;
25                       and
                   (c) subject to subsection (2), within 2 years after the
                         commencement of this Act.
           (2)   If a person --
                   (a) gives written notice to the committee within 2 years
30                        after the commencement of this Act that the person
                          intends to make a disclosure statement, that person has

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                                              disclosure statements
     Disclosure regarding contamination, and exemption certificates    Division 3
                                                                              s. 65


                        12 months after giving that notice to the committee
                        within which to make the disclosure statement; or
                  (b)   has had a programme for the reporting of sites approved
                        under section 12, that person may make a disclosure
5                       statement in respect of land that comprises all, or part, of
                        a site described in the programme at any time before the
                        programme is to be completed.
           (3)   If a disclosure statement does not contain enough information
                 for the committee to make a decision under subsection (4), the
10               committee is to advise the person who made the request in
                 writing accordingly and request such further information as is
                 required.
           (4)   Within 45 days after the day on which a disclosure statement, or
                 further information in respect of the statement, is received the
15               committee is to --
                   (a) if section 65 applies, give an exemption certificate;
                   (b) by written notice to the person who made the
                         statement --
                            (i) refuse to give an exemption certificate; or
20                         (ii) decline to deal with the statement if it is not in
                                compliance with this section;
                         or
                   (c) request further information, in accordance with
                         subsection (3).

25   65.         Exemption certificates
           (1)   On receiving a disclosure statement under section 64 and any
                 further information requested under that section from an owner
                 of land, the committee is to give an exemption certificate in
                 respect of the land to the person if, in the opinion of the
30               committee --
                  (a)   the land is contaminated;



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                   disclosure statements
     Division 3    Disclosure regarding contamination, and exemption certificates
     s. 66


                  (b)    the contamination was not caused, or contributed to, by
                         an action of the person;
                   (c)   the person did not fail to prevent the contamination of
                         the land, as far as it was reasonably within the person's
5                        control to prevent that contamination; and
                  (d)    the land was contaminated at the time the person
                         became an owner of the land and, at that time, the
                         person did not know, or suspect, and could not
                         reasonably have known or suspected, that the land was
10                       contaminated.
           (2)   An owner of a site classified as contaminated -- remediation
                 required is not a person responsible for remediation of that site
                 in accordance with section 27 to the extent provided by an
                 exemption certificate given to that person.
15         (3)   Subject to subsection (2), an exemption certificate is of no effect
                 in respect of any responsibility for remediation the holder of the
                 certificate has under this Act.

     66.         Cancellation or amendment of exemption certificate
           (1)   Subject to subsections (2) and (3), the committee may cancel or
20               amend an exemption certificate by written notice given to the
                 holder of the certificate if satisfied, on reasonable grounds, that
                 the disclosure statement made under section 64 --
                   (a) contained information that was false or misleading in a
                         material particular; or
25                 (b) failed to disclose information that was materially
                         relevant or without which the statement was misleading,
                 and, in the opinion of the committee, this resulted in an
                 exemption certificate being given --
                   (c) when it should not have been given; or
30                 (d) which contained erroneous information.




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                                              disclosure statements
     Disclosure regarding contamination, and exemption certificates    Division 3
                                                                              s. 67


           (2)   Before cancelling or amending an exemption certificate the
                 committee is to give the holder of the certificate written
                 notice --
                   (a) stating details of the proposed action;
5                  (b) inviting the person to make representations to the
                        committee to show why the action should not be taken;
                        and
                   (c) stating the period (at least 21 days after the day on
                        which the notice is given to the person) within which
10                      written representations may be made.
           (3)   The committee may take the proposed action --
                  (a) at any time after the holder of the certificate gives the
                       committee written notice that the holder does not intend
                       to make any representations or any further
15                     representations; or
                  (b)    if such notice is not given --
                            (i) after the end of the period stated in the notice
                                 within which representations may be made; or
                           (ii) if representations are made, after considering any
20                               representations properly made.
           (4)   An exemption certificate that is cancelled is of no effect.

     67.         Appeals regarding exemption certificates
                 A person who submitted a disclosure statement may appeal in
                 accordance with section 77 against a decision of the
25               committee --
                   (a) under section 64(4) --
                          (i) to refuse to give an exemption certificate; or
                         (ii) regarding the extent to which the person is not
                               responsible for remediation, as provided in the
30                             exemption certificate;
                        or


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                   disclosure statements
     Division 3    Disclosure regarding contamination, and exemption certificates
     s. 68


                  (b)    under section 66 to cancel or amend an exemption
                         certificate.

     68.         Disclosure required to potential owners of certain land
                 before change of ownership occurs
5          (1)   At least 14 days before the completion of a transaction which
                 would result in another person becoming an owner, mortgagee
                 or lessee of --
                   (a) land that comprises all, or part, of a site classified as --
                            (i) contaminated -- remediation required;
10                         (ii) contaminated -- restricted use; or
                          (iii) remediated for restricted use;
                         or
                   (b) land in respect of which a notice under Part 4 has been
                         given and in respect of which a memorial is registered,
15               each owner of the land who is to be a party to the transaction
                 must give --
                   (c) a written disclosure in respect of the land in the
                        prescribed form to each person who would become an
                        owner, mortgagee or lessee of the land as a result of the
20                      transaction; and
                   (d) a copy of that disclosure to the CEO.
                 Penalty: $125 000, and a daily penalty of $25 000.
           (2)   A contravention of subsection (1)(c) is a breach of statutory
                 duty that, subject to the defences and other incidents applying to
25               actions for breach of statutory duty, is actionable at the suit of a
                 person who should have been given the disclosure and who has
                 sustained loss or damage in consequence of that breach.




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                                                    Contaminated Sites Bill 2002
                                        Contaminated sites auditors       Part 7
                                                     Accreditation   Division 1
                                                                            s. 69



                   Part 7 -- Contaminated sites auditors
                             Division 1 -- Accreditation
     69.         Accredited auditors
                 The CEO may, in accordance with the regulations, accredit a
5                person as a contaminated sites auditor.

     70.         Authority of accredited auditor
           (1)   The CEO is to cause to be given to each auditor an authority in
                 writing --
                  (a) bearing a photograph or digital image of that auditor;
10                (b) stating that the person is an accredited contaminated
                         sites auditor; and
                  (c) signed by the CEO.
           (2)   The CEO may limit, or impose conditions on, the duties that
                 may otherwise be undertaken by an auditor under this Act or the
15               EP Act by specifying in the authority given to the auditor under
                 subsection (1) any limitation of, or condition imposed on, those
                 duties.
           (3)   An auditor must not carry out any duty, or advertise or
                 otherwise hold out or imply that he or she is authorised to carry
20               out any duty, as an auditor under this Act or the EP Act other
                 than in accordance with the authority.
                 Penalty: $125 000, and a daily penalty of $25 000.

     71.         Offences relating to accreditation
                 A person --
25                (a) must not obtain or attempt to obtain accreditation as an
                        auditor by --
                          (i) providing information that the person knows is
                               false or misleading in a material particular;


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     Part 7        Contaminated sites auditors
     Division 2    Mandatory auditor's reports
     s. 72



                        (ii)  providing information that is false or misleading
                              in a material particular, with reckless disregard
                              as to whether or not the information is false or
                              misleading in a material particular; or
5                       (iii) failing to disclose information that the person
                              knows is materially relevant;
                (b) who is not accredited as an auditor must not advertise,
                      or otherwise hold out or imply, that he or she is
                      accredited as an auditor;
10               (c) must not forge, or fraudulently alter or use, an authority
                      referred to in section 70; or
                (d) must not allow an authority given to the person under
                      section 70 to be used by another person.
               Penalty: $125 000.

15   72.       No action may be taken with respect to accreditation
               No action or other proceeding for damages lies against the State,
               the Minister, the CEO or any other person acting under this Act
               for any loss or injury directly or indirectly suffered as a result of
               the accreditation, or the suspension or cancellation of, or refusal
20             to renew, the accreditation, of a person under this Act.

                  Division 2 -- Mandatory auditor's reports
     73.       Certification of mandatory auditor's reports
               A mandatory auditor's report is not to be accepted under this
               Act or the EP Act unless the report is in compliance with the
25             regulations and is accompanied by --
                 (a) a statement identifying, and signed by, the person who
                       commissioned the report to the effect that the person --
                         (i) has not provided information to the auditor that
                              the person knows is false or misleading in a
30                            material particular;



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                                                     Contaminated Sites Bill 2002
                                         Contaminated sites auditors       Part 7
                                         Mandatory auditor's reports  Division 2
                                                                             s. 74



                          (ii)   has not provided information with reckless
                                 disregard as to whether or not the information is
                                 false or misleading in a material particular; and
                         (iii)   has disclosed to the auditor all information that
5                                the person knows is materially relevant;
                        and
                  (b)   a statement identifying, and signed by, the auditor to the
                        effect that the report is accurate, and that the auditor --
                           (i) has not provided any information in the report
10                              that the auditor knows is false or misleading in a
                                material particular;
                          (ii) has not provided information in the report with
                                reckless disregard as to whether or not the
                                information is false or misleading in a material
15                              particular; and
                         (iii) has disclosed in the report all information that
                                the auditor knows is materially relevant.

     74.         Offences relating to mandatory auditor's reports
           (1)   A person must not --
20                (a) provide information to an auditor in connection with a
                        mandatory auditor's report, that the person knows is
                        false or misleading in a material particular;
                  (b) provide information to an auditor in connection with a
                        mandatory auditor's report that is false or misleading in
25                      a material particular with reckless disregard as to
                        whether or not the information was false or misleading
                        in a material particular; or
                  (c) commission from an auditor a mandatory auditor's
                        report and fail to disclose to the auditor all information
30                      in connection with the report that the person knows is
                        materially relevant to the report.




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     Contaminated Sites Bill 2002
     Part 7        Contaminated sites auditors
     Division 2    Mandatory auditor's reports
     s. 75



           (2)   An auditor must not --
                   (a) provide information in a mandatory auditor's report that
                        the auditor knows is false or misleading in a material
                        particular;
5                 (b) provide information in a mandatory auditor's report that
                        is false or misleading in a material particular with
                        reckless disregard as to whether or not the information is
                        false or misleading in a material particular; or
                   (c) fail to disclose all information in a mandatory auditor's
10                      report that the auditor knows is materially relevant to the
                        report.
                 Penalty: $250 000.

     75.         Self-incriminatory information not exempt
                 A person is not excused from providing, or failing to disclose,
15               information when required to do so under section 74 on the
                 ground that to do so might tend to incriminate the person or
                 make the person liable to a penalty and this Part applies to any
                 such information that is supplied, whether or not the
                 information might incriminate the person.

20   76.         Use of information
                 Any information in a mandatory auditor's report, or in
                 documentation supplied to the CEO in connection with the
                 report, may be taken into consideration and used for the
                 purposes of this Act.




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                                                        Contaminated Sites Bill 2002
                                                             Appeals          Part 8
                             Appeals from decisions of the committee     Division 1
                                                                                s. 77



                                  Part 8 -- Appeals
             Division 1 -- Appeals from decisions of the committee
     77.         Appeals as to responsibility for remediation and exemption
                 certificates
5          (1)   A party aggrieved by a decision of the committee referred to in
                 section 40, 55(6) or 67 may appeal to the Supreme Court on a
                 question of law within 21 days after the notice or certificate was
                 given.
           (2)   An appeal is to be made in accordance with the rules of court of
10               the Supreme Court.
           (3)   The Supreme Court may, in a particular case, extend the time
                 within which an appeal may be commenced under
                 subsection (1).
           (4)   No appeal lies against a decision of the committee under
15               section 40, 55(6) or 67 except on a question of law.
           (5)   Pending the determination of an appeal a decision, certificate or
                 notice continues to have effect subject to any decision of the
                 Supreme Court to the contrary.

     78.         Supreme Court to hear and determine appeals on questions
20               of law
           (1)   The Supreme Court is to hear and determine the question of law
                 arising on the appeal and, as the Court sees fit, is to --
                   (a) affirm the decision appealed against;
                   (b) substitute or vary the decision appealed against; or
25                 (c) remit the decision to the committee for reconsideration,
                         together with the Court's opinion on the question of law.
           (2)   Subject to subsection (3), the Supreme Court may make such
                 order as to costs as it thinks fit in relation to an appeal to the
                 Supreme Court under this section.


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     Contaminated Sites Bill 2002
     Part 8        Appeals
     Division 2    Other appeals
     s. 79



           (3)   The committee and any member of the committee is not to be
                 liable for any costs of the appeal other than costs incurred by the
                 committee or the member.

                             Division 2 -- Other appeals
5    79.         Lodging of appeals under section 18 or 52
           (1)   An appeal under section 18 or 52 is instituted by lodging written
                 notice of the appeal to the committee setting out the grounds
                 and facts on which the appellant relies.
           (2)   Notice of an appeal referred to in subsection (1) is to be lodged
10               within 21 days after the day on which --
                  (a) the appellant is given the notice or certificate which
                         gave rise to the appeal; or
                  (b) in respect of a person on whom a notice is binding in
                         accordance with section 48 or 54, the notice became
15                       binding on the person,
                 or such later time as may be specified in that notice or
                 certificate.
           (3)   Pending the determination of an appeal --
                  (a) a classification, decision, certificate or notice in respect
20                      of which the appeal is made continues to have effect,
                        unless otherwise specified in paragraph (b); and
                  (b) an investigation notice or clean up notice, or a
                        requirement of such a notice, in respect of which the
                        appeal is made is suspended,
25               subject to any written decision of the committee to the contrary.

     80.         Preliminary action in respect of certain appeals
                 When an appeal is lodged, the committee --
                  (a) is to request the CEO, and if the committee thinks it
                       necessary to do so, the Authority to report to the
30                     committee on the appeal; and

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                                                     Contaminated Sites Bill 2002
                                                           Appeals         Part 8
                                                     Other appeals    Division 2
                                                                             s. 81



                  (b)   may request the CEO to consider the appeal and to
                        consult the appellant and any other appropriate person to
                        determine whether or not the point at issue in the appeal
                        can be resolved and report to the committee on the
5                       appeal.

     81.         Reports under section 80
           (1)   On receiving a request under --
                  (a) section 80(a), the CEO and, if the request extends to the
                        Authority, the Authority are to report on the relevant
10                      appeal to the committee;
                  (b) section 80(b), the CEO is to carry out the consideration
                        and consultation concerned and report to the committee
                        on the results of that consideration and consultation.
           (2)   The CEO, or the Authority, is not to make a recommendation in
15               a report that conflicts with an approved policy or with any
                 standard prescribed by or under the EP Act.

     82.         Decision of committee
           (1)   On receiving a report or reports referred to in section 80 in
                 respect of an appeal the committee, subject to subsection (2),
20               may --
                   (a) affirm the classification, decision or requirement
                         appealed against;
                   (b) substitute or vary the classification, decision or
                         requirement appealed against; or
25                 (c) set aside the classification, decision or requirement and
                         make a decision or substitute a requirement, notice or
                         classification that the committee thinks just.
           (2)   The decision of the appeal committee under this section is final
                 and without appeal.




                                                                          page 73
    Contaminated Sites Bill 2002
    Part 8        Appeals
    Division 2    Other appeals
    s. 83



    83.         Implementation by CEO of decisions on appeal
          (1)   The CEO is to give effect to the outcome of an appeal under this
                Part as soon as is practicable.
          (2)   The CEO is to ensure that details of a decision by the committee
5               under this Part are published in the manner prescribed.




    page 74
                                                      Contaminated Sites Bill 2002
                                                       Enforcement          Part 9

                                                                              s. 84



                             Part 9 -- Enforcement
     84.         Who can take proceedings for offences
           (1)   Proceedings for an offence against this Act are to be instituted
                 by the CEO or a person authorised to do so by the CEO.
5          (2)   An authorisation under subsection (1) may be given generally or
                 in relation to a specified offence or specified offences.
           (3)   If a complaint alleging an offence under this Act purports to be
                 made or sworn by a person authorised to take proceedings for
                 offences of that kind, it is to be presumed, in the absence of
10               proof to the contrary, that the complaint was made or sworn by
                 such a person.

     85.         Time for bringing prosecutions
           (1)   Despite section 51 of the Justices Act 1902, a complaint for an
                 offence under this Act may be made within 2 years after the
15               time when the matter of complaint arose.
           (2)   Despite section 51 of the Justices Act 1902 and subsection (1),
                 if a complaint of an offence under this Act specifies the day on
                 which evidence of the alleged offence first came to the attention
                 of a person authorised to institute the prosecution under section
20               84 the complaint --
                    (a) may be made within 24 months after that day; and
                    (b) need not contain particulars of the day on which the
                         offence is alleged to have been committed.
           (3)   The day on which evidence first came to the attention of a
25               person authorised to institute a prosecution under section 84 is
                 the day specified in the complaint, unless the contrary is shown.




                                                                           page 75
     Contaminated Sites Bill 2002
     Part 9        Enforcement

     s. 86



     86.         Evidentiary provisions
           (1)   In proceedings for an offence under this Act, an averment in a
                 complaint that --
                   (a) a specified notice under this Act was given, or was
5                       given to a specified person or at a specified time;
                   (b) specified land comprises, or at a specified time
                        comprised, all, or part, of a site, classified as of a
                        specified category;
                   (c) a specified person is, or at a specified time was, the
10                      owner or occupier of specified land;
                   (d) a specified person is, or at a specified time was, the
                        person responsible for remediation of a specified site, or
                        the person responsible for remediation of that site to a
                        specified extent; and
15                 (e) a specified certificate is a certificate of contamination
                        audit under section 63,
                 is to be taken to have been proved unless the contrary is shown.
           (2)   In subsection (1) --
                 "specified" means specified in the complaint.

20   87.         Daily penalties
           (1)   Without limiting section 71 of the Interpretation Act 1984,
                 where an offence is committed by a person by reason of the
                 contravention of a provision of this Act under which the person
                 is required or directed to do any act or thing, or to refrain from
25               doing any act or thing, that offence is to be taken to have
                 continued so long as the act or thing so required or directed
                 remains undone, or continues to be done, as the case may be.
           (2)   In addition to a penalty specified for an offence, a person
                 convicted of an offence is liable to a daily penalty not exceeding
30               the daily penalty specified for the offence for each day or part of
                 a day during which the offence continues after written notice of
                 the alleged offence has been given by the CEO to the offender.

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                                                       Enforcement          Part 9

                                                                               s. 88



           (3)   In addition to a penalty specified for an offence, a person
                 convicted of an offence is liable to a daily penalty not exceeding
                 the daily penalty specified for the offence for each day or part of
                 a day during which the offence continues after the offender is
5                convicted.

     88.         Attempt, incitement and accessory after the fact
           (1)   Section 555A of The Criminal Code applies to an offence under
                 this Act as if it were a simple offence under that Code.
           (2)   A person who becomes an accessory after the fact to an offence
10               under this Act (the "principal offence") within the meaning of
                 section 10 of The Criminal Code, commits an offence and is
                 liable on conviction to the penalty to which a person convicted
                 of the principal offence is liable.

     89.         Inspectors, authorised officers and analysts
15         (1)   An inspector appointed under section 88 of the EP Act may also
                 be appointed under that section for the purposes of this Act.
           (2)   For the purposes of this Act, an inspector has all the functions
                 that the inspector has under the EP Act, and for those purposes
                 any relevant reference in the EP Act to "this Act" is to be read
20               and construed as if it were a reference to this Act.
           (3)   In addition to the functions of an inspector under the EP Act, an
                 inspector may at any time, and with any assistance the inspector
                 may require, enter any land --
                   (a) in respect of which a notice has been given under Part 4
25                       and on that land may do any act or thing, including the
                         collection and removal of samples, records or other
                         things, which in the opinion of the inspector is necessary
                         to be done for determining whether or not there has been
                         compliance with or contravention of any notice given
30                       under Part 4; and
                   (b) which is, or was, classified as contaminated --
                         remediation required and on that land may do any act or

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     Contaminated Sites Bill 2002
     Part 9        Enforcement

     s. 90



                        thing, including the collection and removal of samples,
                        records or other things, which in the opinion of the
                        inspector is necessary or will be relevant to determining
                        responsibility for remediation.
5          (4)   An authorised person appointed under section 87 of the EP Act
                 may also be appointed under that section for the purposes of this
                 Act.
           (5)   For the purposes of this Act, an authorised person has all the
                 functions that the person has under the EP Act, and for those
10               purposes any relevant reference in the EP Act to "this Act" is to
                 be read and construed as if it were a reference to this Act.
           (6)   An analyst appointed under section 94 of the EP Act may also
                 be appointed under that section for the purposes of this Act.

     90.         Additional powers available to the court
15               The provisions of Part VIA Division 4 of the EP Act apply to
                 and in relation to this Act as if --
                   (a) a reference in those provisions to "this Division" were a
                         reference to this Part; and
                   (b) a reference in those sections to "this Act" were a
20                       reference to this Act.




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                                                       Contaminated Sites Bill 2002
                                                           General         Part 10

                                                                                 s. 91



                                 Part 10 -- General
     91.         Delegation
                 Sections 18 and 20 of the EP Act apply to and in relation to this
                 Act as if a reference in those sections to "this Act" were a
5                reference to this Act.
     92.         Other provisions of EP Act apply
                 Sections 115, 117, 118, 120 and 121 of the EP Act apply to and
                 in relation to this Act as if a reference in those sections to "this
                 Act" were a reference to this Act.
10   93.         CEO may request information on wells
           (1)   If the CEO is of the opinion that underground water in an area
                 may be contaminated, the CEO may, by written notice given to
                 an owner or occupier of land situated within the area, require
                 the provision of information as to --
15                 (a) the existence of a well on that land; or
                   (b) the taking of underground water from under that land.
           (2)   In subsection (1) --
                 "well" means an opening in the ground made or used to obtain
                      underground water.
20         (3)   A person from whom information is required under
                 subsection (1) must supply that information in writing to the
                 CEO within the time specified in the notice.
                 Penalty: $50 000, and a daily penalty of $10 000.

     94.         False or misleading information
25               A person --
                  (a) in making a report under section 11 or 12;
                  (b) in making a request for a summary of records under
                        section 21;
                  (c) in making a disclosure statement under section 64, a
30                      disclosure under section 68 or in connection with a

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     Contaminated Sites Bill 2002
     Part 10       General

     s. 95



                        request for a certificate of contamination audit under
                        section 62; or
                  (d)   in purporting to comply with a requirement made by or
                        under this Act to provide information to the CEO,
5                must not --
                   (e) make a statement which the person knows is false or
                        misleading in a material particular;
                   (f) make a statement which is false or misleading in a
                        material particular, with reckless disregard as to whether
10                      or not the statement is false or misleading in a material
                        particular;
                  (g) provide, or cause to be provided, information that the
                        person knows is false or misleading in a material
                        particular;
15                (h) provide, or cause to be provided, information that is
                        false or misleading in a material particular, with reckless
                        disregard as to whether the information is false or
                        misleading in a material particular; or
                    (i) fail to disclose, or cause a failure to disclose, all
20                      information that the person knows is materially relevant.
                 Penalty: $125 000, and a daily penalty of $25 000.

     95.         Victimisation
           (1)   A person who for a reason described in subsection (2) --
                  (a) prejudices, or threatens to prejudice, the safety or career
25                      of another person;
                  (b) intimidates or harasses, or threatens to intimidate or
                        harass, another person; or
                  (c) takes, or threatens to take, detrimental action against
                        another person,
30               commits an offence.
                 Penalty: $125 000, and a daily penalty of $25 000.


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                                                  Contaminated Sites Bill 2002
                                                      General         Part 10

                                                                             s. 95



     (2)   The reasons referred to in subsection (1) are that the other
           person or a member of the other person's family --
             (a) has made, or will or may in the future make, a report
                  under section 11 or 12;
5            (b) has furnished, is furnishing, or will or may in the future
                  furnish, information or assistance --
                     (i) in the course of, or for the purpose of, an
                          inspection or investigation under this Act; or
                    (ii) to the CEO for a purpose relating to the
10                        administration of this Act;
                  or
             (c) has made, or will or may in the future make, an
                  appropriate disclosure of information that tends to show
                  that another person --
15                   (i) is, has been, or proposes to be involved in an
                          offence under this Act; or
                    (ii) is a person responsible for remediation.
     (3)   In subsection (1) --
           "detrimental action" includes action causing, comprising or
20              involving --
                (a) damage or loss;
                (b) adverse discrimination, disadvantage, or adverse
                      treatment in relation to a person's career, profession,
                      employment, trade or business; or
25              (c) a reprisal.
     (4)   For the purposes of this section, a reference to an appropriate
           disclosure of information is a reference to a disclosure of
           information if, and only if, the disclosure is made in good faith
           and with an honest and reasonable belief that the information is
30         of sufficient significance to justify its disclosure so that its truth
           may be investigated.



                                                                         page 81
     Contaminated Sites Bill 2002
     Part 10       General

     s. 96



     96.         Confidentiality
           (1)   Other than as is necessary for the administration of this Act,
                 nothing in this Act authorises access to, or the disclosure of, any
                 information or document which would, or is likely to, reveal or
5                lead to the revelation of, the identity of any person who made a
                 report under section 11 or 12.
           (2)   These persons are subject to a duty of confidentiality --
                  (a) a person who is or was the CEO;
                  (b) people who are or were engaged or employed in the
10                      administration or enforcement of this Act; and
                  (c) other people --
                          (i) to whom information or records are disclosed
                               under this Act; or
                         (ii) who gain access (properly or improperly) to
15                             information obtained under this Act.
           (3)   A person subject to a duty of confidentiality must not record,
                 disclose, or make use of information obtained under this Act
                 except --
                   (a) for a purpose related to the administration or
20                       enforcement of this Act;
                   (b) as required or allowed by this Act or another written law
                         that specifically or by necessary implication overrides
                         this duty of confidentiality;
                   (c) as authorised by the person, or persons, to whose affairs
25                       the information relates;
                   (d) for the purposes of the investigation of any suspected
                         offence or any judicial proceedings, or a report of
                         judicial proceedings, arising out of this Act or the
                         EP Act;
30                 (e) in a statistical or other form that could not reasonably be
                         expected to lead to the identification of any person to
                         whose affairs it relates; or


     page 82
                                                       Contaminated Sites Bill 2002
                                                           General         Part 10

                                                                                 s. 97



                   (f)  in other circumstances in which its disclosure is
                        permitted by the regulations.
                 Penalty: $125 000, and a daily penalty of $25 000.

     97.         Guidelines
5          (1)   The CEO may from time to time make, amend or revoke
                 guidelines with respect to --
                   (a) the assessment, management and reporting of
                         contaminated sites;
                  (b) the identification and classification of contaminated
10                       sites; and
                   (c) community consultation regarding contaminated sites.
           (2)   The CEO is to ensure that a copy of the guidelines, in an up to
                 date form --
                   (a) is available for inspection by members of the public
15                       during office hours free of charge; and
                   (b) is made available to members of the public in any
                         manner the CEO thinks fit.
           (3)   If there is an inconsistency between a guideline and a
                 regulation, the regulation prevails to the extent of that
20               inconsistency.
           (4)   The CEO is to cause to be published in the Gazette notice of the
                 making, amendment or revocation of guidelines, but notices
                 under this subsection need not include the text of guidelines or
                 the amendments.
25         (5)   Guidelines are not subsidiary legislation for the purposes of the
                 Interpretation Act 1984.

     98.         Regulations
           (1)   The Governor may, on the recommendation of the Minister,
                 make regulations prescribing all matters that are required or
30               permitted by this Act to be prescribed, or are necessary or


                                                                             page 83
     Contaminated Sites Bill 2002
     Part 10       General

     s. 99



                 convenient to be prescribed, for giving effect to the purposes of
                 this Act.
           (2)   Without limiting subsection (1), regulations may be made under
                 that subsection in respect of the matters set out in Schedule 2.
5          (3)   Section 123(3) of the EP Act applies with respect to regulations
                 made under this Act.

     99.         Review of Act
           (1)   The Minister is to carry out a review of the operation and
                 effectiveness of this Act as soon as is practicable after the
10               expiry of 5 years from its commencement.
           (2)   In the course of that review the Minister is to consider and have
                 regard to --
                   (a) the effectiveness of the scheme established by this Act
                         in identifying, recording, managing and remediating
15                       contaminated sites; and
                   (b) any other matter that appears to the Minister to be
                         relevant to the operation and effectiveness of this Act.
           (3)   The Minister is to prepare a report based on the review and, as
                 soon as is practicable after the report is prepared, is to cause it
20               to be laid before each House of Parliament.

     100.        Consequential amendments to other Acts
                 Schedule 3 has effect.




     page 84
                                              Contaminated Sites Bill 2002



                                     Classification of sites     Schedule 1



                 Schedule 1 -- Classification of sites
                                                                      [s. 13]
Classification                    Criterion

Report not substantiated          A report under section 11 or 12 provides
                                  no ground to indicate possible
                                  contamination of the site
Possibly contaminated --           There are grounds to indicate possible
investigation required            contamination of the site
Not contaminated -- unrestricted   After investigation, the site is found not
use                               to be contaminated
Contaminated -- restricted use     The site is contaminated but suitable for
                                  restricted use
Remediated for restricted use     The site is contaminated but has been
                                  remediated so that it is suitable for
                                  restricted use
Contaminated -- remediation        The site is contaminated and
required                          remediation is required
Decontaminated                    The site has been remediated and is
                                  suitable for all uses




                                                                     page 85
     Contaminated Sites Bill 2002



     Schedule 2         Matters in respect of which regulations may be made



     Schedule 2 -- Matters in respect of which regulations may
                            be made
                                                                              [s. 98(2)]

                               Division 1 -- General
5    1.        Disclosure statements under section 64, including --
                 (a) the form of statements;
                  (b)   information to be included in the statements; and
                  (c)   reports to be annexed to the statements.
     2.        The fees to apply under this Act including, without limiting
10             sections 43 and 45 of the Interpretation Act 1984, the following --
                  (a)   the time at which, or the periods for or during which, fees are
                        to be paid;
                  (b)   the structure of fees;
                  (c)   the basis on which a fee is to be calculated;
15                (d)   interest on unpaid fees;
                  (e)   penalties for late payment or underpayment of fees;
                  (f)   recovery of fees;
                  (g)   refunding of fees.
     3.        The facts and circumstances to be taken into account by the
20             committee in making a decision under Part 3 Division 3 as to
               responsibility for remediation.
     4.        The procedure for applying to the committee to make a decision as to
               responsibility for remediation, including the information that may be
               required by the committee, responsibility for the cost of supplying any
25             information and the carrying out of any investigations to provide
               information.
     5.        Procedures regarding access to the database and records under
               sections 19 and 21.
     6.        Prescribing procedures in respect of appeals under Part 8 Division 2.




     page 86
                                                   Contaminated Sites Bill 2002



           Matters in respect of which regulations may be made         Schedule 2




                   Division 2 -- Auditors and audits
     7.    Conferring duties on auditors.
     8.    A scheme for the accreditation of auditors and, without limiting the
           generality of that scheme --
5            (a)   applications for accreditation and the assessment of
                   applications;
             (b)   renewal of accreditation;
             (c)   the provision of advice to the CEO as to accreditation and the
                   renewal of accreditation, including the establishment of a
10                 selection panel;
             (d)   the qualifications, criteria and practical experience required
                   for accreditation as an auditor;
             (e)   monitoring the continuing competence of auditors;
             (f)   the circumstances in which accreditation as an auditor is to be
15                 cancelled or suspended;
             (g)   the imposition and variation of conditions to which an
                   accreditation is subject; and
             (h)   fees payable in relation to application and accreditation.
     9.    Additional circumstances where it is mandatory for an auditor to be
20         engaged or for a mandatory auditor's report to be provided, and the
           person to whom the report is to be provided.
     10.   The carrying out by an auditor of any duty conferred on an auditor
           under this Act or the EP Act.
     11.   The scope and content of mandatory auditor's reports, including in
25         respect of particular reports or reports made under particular
           provisions of this Act or the EP Act.
     12.   The powers and duties of auditors in prescribed circumstances.
     13.   A scale of maximum fees for services provided by auditors.




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     Schedule 3            Consequential provisions



                     Schedule 3 -- Consequential provisions
                                                                                  [s. 100]
     1.         Environmental Protection Act 1986 amended
          (1)   The amendments in this clause are to the Environmental Protection
5               Act 1986*.

                [* Reprinted as at 11 January 2002.]
                   For subsequent amendments see 2001 Index to Legislation of
                   Western Australia p. 117 and Act No. 25 of 2001.]
          (2)   Section 3(1) is amended by inserting in the appropriate alphabetical
10              positions the following definitions --
                "
                          "contaminated" has the same meaning as it has in the
                              Contaminated Sites Act 2003;
                          "contaminated sites auditor" means a person
15                            accredited as a contaminated sites auditor under
                              the Contaminated Sites Act 2003;
                                                                                        ".
          (3)   Section 40(2) is amended as follows:
                    (a)    by inserting after paragraph (a) the following paragraph --
20                    "
                          (aa)     require the proponent to provide to the
                                   Authority a contaminated sites auditor's report
                                   on the proposal, which complies with any
                                   relevant regulations made under the
25                                 Contaminated Sites Act 2003;
                                                                                        ";
                    (b)    by deleting "any 2 or all 3" and inserting instead --
                           "     any or all ".
          (4)   Section 40(4)(a) is amended as follows:
30                  (a)    by inserting after "information" --
                           " or report     ";

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                                             Consequential provisions     Schedule 3



               (b)       by inserting after "(2)(a)" --
                         " or (aa)      ".
     (5)   Section 48C(1) is amended by inserting after paragraph (a) the
           following paragraph --
5                "
                         (aa)    require the responsible authority, if it wishes
                                 that scheme to proceed, to provide to the
                                 Authority a contaminated sites auditor's report
                                 on that scheme, which complies with any
10                               relevant regulations made under the
                                 Contaminated Sites Act 2003;
                                                                                     ".
     (6)   Section 48C(4)(a) is amended by inserting after "(1)(a)" --
           " or (aa)            ".
15   (7)   Section 89(2) is amended by deleting "environment." and inserting
           instead --
           "
                     environment or believes on reasonable grounds that the
                     dwelling-house or land is contaminated.
20                                                                                   ".
     (8)   Section 89(3) is amended as follows:
               (a)       by deleting "groundwater" and inserting instead --
                         "      water   ";
               (b)       after paragraph (a) by deleting "or";
25             (c)       after paragraph (b) by deleting the comma and inserting --
                     "
                                 ; or
                          (c)    if the inspector believes on reasonable grounds
                                 that the land or water is contaminated, to
30                               investigate whether contamination is present or
                                 to monitor or assess any contamination that is
                                 present,
                                                                                     ".

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     Contaminated Sites Bill 2002



     Schedule 3           Consequential provisions



          (9)   Section 90(1)(a)(i) is amended by inserting after "discharged" --
                " or onto which any waste has been or is being discharged            ".

     2.         Land Administration Act 1997 amended
          (1)   The amendments in this clause are to the Land Administration
5               Act 1997*.
                [* Reprinted as at 22 June 2001.
                   For subsequent amendments see Act No. 10 of 2001.]
          (2)   Section 10(5) is amended by inserting after "Act" --
                "
10                       and to section 60(2)(b)(i) of the Contaminated Sites
                         Act 2003
                                                                                      ".
          (3)   Section 159 is amended by inserting after paragraph (e) the following
                paragraph --
15                   "
                         (ea)   the Minister responsible for administering the
                                Contaminated Sites Act 2003;
                                                                                      ".
          (4)   Section 160(1) is amended by inserting after paragraph (e) the
20              following paragraph --
                     "
                         (ea)   in the case of the Minister referred to in
                                section 159(ea), to the chief executive officer of
                                the Department principally assisting the
25                              Minister in the administration of the
                                Contaminated Sites Act 2003 or to any other
                                officer of that Department;
                                                                                      ".




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                                           Consequential provisions        Schedule 3



     3.         Town Planning and Development Act 1928 amended
          (1)   The amendment in this clause is to the Town Planning and
                Development Act 1928*.
                [* Reprinted as at 3 November 2000.
5                  For subsequent amendments see 2001 Index to Legislation of
                   Western Australia p. 382 and Act No. 25 of 2001.]
          (2)   Section 20(1)(a) is amended by inserting after "1986," --
                "
                      to section 58(6) of the Contaminated Sites Act 2003,
10                                                                                   ".
     4.         Transfer of Land Act 1893 amended
          (1)   The amendment in this clause is to the Transfer of Land Act 1893*.
                [* Reprinted as at 9 February 2001.
                   For subsequent amendments see Act No. 10 of 2001.]
15        (2)   Section 110 is amended by inserting after "1997" --
                "   and section 32(3)(b) of the Contaminated Sites Act 2003 ".




                                                                              page 91
Contaminated Sites Bill 2002



Defined Terms




                                           Defined Terms
           [This is a list of terms defined and the provisions where they are defined.
                                  The list is not part of the law.]
     Defined Term                                                                                           Provision(s)
     a hazard .....................................................................................................51(1)
     act............................................................................................................... 3(1)
     an act that was done without lawful authority..............................................25(5)
     auditor ........................................................................................................ 3(1)
     binding........................................................................................................ 3(1)
     CEO............................................................................................................ 3(1)
     CEO of the Health Department .................................................................... 3(1)
     certificate of contamination audit................................................................. 3(1)
     classify........................................................................................................ 3(1)
     clean up notice ............................................................................................ 3(1)
     committee ......................................................................................... 3(1), 33(1)
     contaminated....................................................................................... 3(1), 4(1)
     Crown land ................................................................................................. 5(2)
     database ...................................................................................................... 3(1)
     decision as to responsibility for remediation............................................3(1), 35
     detrimental action.......................................................................................94(3)
     director ......................................................................................................28(7)
     engage in conduct.......................................................................................28(7)
     EP Act ........................................................................................................ 3(1)
     exemption certificate ................................................................................... 3(1)
     first person .................................................................................................54(1)
     Fund ..........................................................................................................60(1)
     guidelines.................................................................................................... 3(1)
     hazard abatement notice .............................................................................. 3(1)
     insolvent ..................................................................................................... 3(1)
     insolvent body corporate.............................................................................28(7)
     interested person ........................................................................................36(3)
     investigation notice...................................................................................... 3(1)
     Land .............................................................................................................. 61
     management body........................................................................................ 5(2)
     management plan ........................................................................................ 3(1)
     mandatory auditor's report........................................................................... 3(1)
     notice ............................................................................................................. 41
     occupier ...................................................................................................... 3(1)
     orphan site......................................................................................... 3(1), 32(1)
     owner.................................................................................................. 3(1), 5(1)
     person responsible ....................................................................................... 3(1)
     principal offence.........................................................................................88(2)

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                                                                                              Defined Terms



programme.................................................................................................12(7)
records ........................................................................................................ 3(1)
register.......................................................................................................58(9)
Registrar ....................................................................................................58(9)
relevant time ..............................................................................................28(7)
remediation ................................................................................................. 3(1)
site .............................................................................................................. 3(1)
specified.........................................................................................10(14), 86(2)
state of mind ..............................................................................................28(7)
summary of records ....................................................................................21(2)
well............................................................................................................93(2)




 


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