Contaminated Land Management Act 1997 (NSW)
An Act to promote the better management of contaminated land; to amend the Environmentally Hazardous Chemicals Act 1985; to amend certain other Acts; and for other purposes.
This Act is the Contaminated Land Management Act 1997.
This Act commences on a day or days to be appointed by proclamation.
The general object of this Act is to establish a process for investigating and (where appropriate) remediating land that the EPA considers to be contaminated significantly enough to require regulation under Division 2 of Part 3.
Particular objects of this Act are—
(a) to set out accountabilities for managing contamination if the EPA considers the contamination is significant enough to require regulation under Division 2 of Part 3, and
(b) to set out the role of the EPA in the assessment of contamination and the supervision of the investigation and management of contaminated sites, and
(c) to provide for the accreditation of site auditors of contaminated land to ensure appropriate standards of auditing in the management of contaminated land, and
(d) to ensure that contaminated land is managed with regard to the principles of ecologically sustainable development.
In this Act—
(a) a use to which the subject land may be put without planning approval, or
(b) a use to which the subject land may be put under an existing planning approval and for which no further planning approval is required.
(a) land, air and water, and
(b) any layer of the atmosphere, and
(c) any organic or inorganic matter and any living organism, and
(d) human-made or modified structures and areas,
and includes interacting natural ecosystems that include components referred to in paragraphs (a)–(c).
This definition follows that in the Protection of the Environment Administration Act 1991.
(a) the council, within the meaning of the Local Government Act 1993, in relation to an area within the meaning of that Act, or
(b) the Lord Howe Island Board in relation to Lord Howe Island, or
(c) the EPA in relation to land within the Western Division that is not within an area within the meaning of the Local Government Act 1993, or
(d) an authority prescribed by the regulations for the purposes of this paragraph for any place not covered above, or
(e) an authority prescribed instead by the regulations for the purposes of this paragraph for any place wholly or partly covered in paragraphs (a)–(c).
(a) in relation to Crown land—
(i) that is the subject of a perpetual lease under the Crown Land Management Act 2016—means the holder of such a lease, and
(ii) in any other case—means the Crown.
(b) in relation to other land, does not include a person just because the person has an interest in the land under a lease, licence or permit, and
(c) in relation to land that is not Crown land and is not subject to the provisions of the Real Property Act 1900, does not include a person merely because the person is a mortgagee.
(a) development consent under the Environmental Planning and Assessment Act 1979, Part 4, or
(b) an approval under the Environmental Planning and Assessment Act 1979, Division 5.2, or
(c) an approval under the Environmental Planning and Assessment Act 1979, Part 3A when that Part was in force or continued in operation.
(a) a government department, or
(b) a statutory body representing the Crown (but not a State owned corporation), or
(c) a member of staff or other person who exercises functions on behalf of a public authority.
(a) preparing a long-term management plan (if any) for the land, and
(b) removing, dispersing, destroying, reducing, mitigating or containing the contamination of the land, and
(c) eliminating or reducing any hazard arising from the contamination of the land (including by preventing the entry of persons or animals on the land).
(a) that relates to management (whether under this Act or otherwise) of the actual or possible contamination of land, and
(b) that is conducted for the purpose of determining any one or more of the following matters—
(i) the nature and extent of any contamination of the land,
(ii) the nature and extent of any management of actual or possible contamination of the land,
(iii) whether the land is suitable for any specified use or range of uses,
(iv) what management remains necessary before the land is suitable for any specified use or range of uses,
(v) the suitability and appropriateness of a plan of management, long-term management plan or a voluntary management proposal.
(a) any river, stream, lake, lagoon, swamp, wetlands, unconfined surface water, natural or artificial watercourse, dam or tidal waters (including the sea), or
(b) any underground or artesian water.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
The power of the EPA to order a person to take specified action under Part 3 includes a power to order the person to refrain from taking specified action.
Notes included in this Act do not form part of this Act.
However, land is not, for the purposes of this Act, contaminated land—
(a) merely because in any surface water standing or running on the land a substance is present in such a concentration, or
(b) merely because of the presence of a substance prescribed by the regulations, or
(c) in circumstances prescribed by the regulations.
Land may, for the purposes of this Act, be contaminated land even if it became contaminated partly or entirely by the migration of contaminants into, onto or under the land from other land.
See also sections 9 (Assessment of risk of harm) and 13 (Responsibility if contamination indirect or delayed or risk arises from change of use).
For the purposes of this Act, a person is responsible for contamination of land (whether or not the contamination is significant contamination) if any one or more of the following is true—
(a) the person caused the contamination of the land (whether or not any other person also caused the contamination of the land),
(b) the contamination occurred because an act or activity of the person resulted in the conversion of a substance that did not cause contamination of the land into a substance that did cause contamination of the land,
(c) the person is the owner or occupier of the land and the person knew or ought reasonably to have known that contamination of the land would occur and the person failed to take reasonable steps to prevent the contamination,
(d) the person carried on activities on the land that generate or consume—
(i) the same substances as those that caused the contamination, or
(ii) substances that may be converted, by reacting with each other or by the action of natural processes on the land, into substances that are the same as those that caused the contamination,
unless it is established that the contamination was not caused by the person.
For the purposes of this Act, a person is also responsible for significant contamination of land if either or both of the following is true—
(a) the significant contamination occurred because an act or activity of the person resulted in a change in some pre-existing contamination of the land so that the contamination of the land became significant contamination,
(b) the significant contamination occurred because an act or activity of the person resulted in a change in the approved use of the land and the consequent increase in the risk of harm caused the EPA to identify the land as significantly contaminated land (even if the contamination itself did not change).
In determining whether a person is responsible for contamination of land, it is irrelevant that the contamination did not arise contemporaneously with the act, activity or omission of the person that ultimately was responsible for (or is taken to be responsible for) the contamination of the land.
An act referred to in subsection (2) (b) includes the making of an application for planning approval.
A public authority or Minister does not become a person referred to in subsection (2) (b) merely by giving an approval or consent, or concurring in the giving of consent under the Environmental Planning and Assessment Act 1979.
A person who is responsible for contamination continues to be responsible for that contamination under this Act whether or not the person has entered a contract or other arrangement that provides for some other person to be responsible for the contamination or for any harm caused by the contamination.
For the purposes of this Act, a
(a) that carries an entitlement to have a freehold interest in the land vested in the person, or
(b) that enables the person to dispose of or otherwise deal with a freehold interest in the land,
so that the person is able to benefit from the value of the land, or a substantial portion of it, by such vesting, disposal or dealing.
Despite subsection (1), a person is not a notional owner of land—
(a) if the person, not being a mortgagee in possession of the land, is the owner of the land or is the Crown or a person or body representing the Crown, or
(b) merely because the person has a security (such as a mortgage, charge or lien) over the land, or
(c) merely because the person is a legal personal representative of a person who was an owner of the land immediately before the person’s death or the appointment of the representative took effect, or
(d) merely because the person is the NSW Trustee and Guardian and the land is deemed to be vested in the NSW Trustee and Guardian by the operation of section 61 of the Probate and Administration Act 1898, or
(e) if the person would otherwise be a notional owner of land, but—
(i) the person has some security over the land, and
(ii) the person (or a financial controller appointed by the person) has entered into a contract to sell the land for the purpose of realising part or all of the value of the land in order to discharge the obligation so secured.
In subsection (2) (e) (ii),
It is the duty of the EPA to do the following in a manner and to an extent reasonable in the circumstances—
(a) examine, and respond to, information that it receives of actual or possible contamination of land,
(b) address any contamination that the EPA considers to be significant enough to require regulation under Division 2 of Part 3,
(c) record what it has done under paragraphs (a) and (b) and the reasons for it.
It is the duty of the EPA to respond to a person (other than the EPA or an authorised officer) who has furnished information referred to in subsection (1). The response must—
(a) be made in a reasonable time, and
(b) state what the EPA has done in relation to the information and the reasons for doing it, and
(c) be in writing if the information was in writing.
In addition to any functions the EPA has under this or any other Act, the EPA may take such reasonable steps as it considers necessary in relation to investigating or managing contamination of land (including significantly contaminated land) or the threat of harm from any such contamination.
The EPA is to have regard to the principles of ecologically sustainable development in the exercise of its functions under this Act and is to seek the implementation of those principles in the management by other persons of contaminated land.
In this section,
Ecologically sustainable development requires the effective integration of economic and environmental considerations in decision-making processes. Ecologically sustainable development can be achieved through the implementation of the following principles and programs—
(a) the precautionary principle—namely, that if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation. In the application of the precautionary principle, public and private decisions should be guided by—
(i) careful evaluation to avoid, wherever practicable, serious or irreversible damage to the environment, and
(ii) an assessment of the risk-weighted consequences of various options,
(b) inter-generational equity—namely, that the present generation should ensure that the health, diversity and productivity of the environment are maintained or enhanced for the benefit of future generations,
(c) conservation of biological diversity and ecological integrity—namely, that conservation of biological diversity and ecological integrity should be a fundamental consideration,
(d) improved valuation, pricing and incentive mechanisms—namely, that environmental factors should be included in the valuation of assets and services, such as—
(i) polluter pays—that is, those who generate pollution and waste should bear the cost of containment, avoidance or abatement,
(ii) the users of goods and services should pay prices based on the full life cycle of costs of providing goods and services, including the use of natural resources and assets and the ultimate disposal of any waste,
(iii) environmental goals, having been established, should be pursued in the most cost effective way, by establishing incentive structures, including market mechanisms, that enable those best placed to maximise benefits or minimise costs to develop their own solutions and responses to environmental problems.
(Repealed)
The EPA may, by order in writing served on a person, direct the person to conduct a preliminary investigation of land specified in the order (the
(a) investigate whether the land is contaminated with the substances specified in the order (the
specified substances ) being the substances that the EPA reasonably suspects contaminate the specified land, and(b) investigate the nature and extent of any such contamination, and
(c) provide to the EPA such information with respect to the investigation as it may require.
A substance may be specified in a preliminary investigation order by reference to a chemical group of related substances if the EPA reasonably suspects that the specified land is contaminated with one or more of the substances in that group. In such a case each substance in that group is taken to be a specified substance for the purposes of this section.
A preliminary investigation order may be served on any one or more of the following persons—
(a) a person who the EPA reasonably suspects may have been responsible for contamination of the land with the specified substance,
(b) an owner of the specified land,
(c) a notional owner of the specified land,
(d) a person who carried on activities on the specified land, but only if the activities are of the sort that—
(i) generate or consume the same substance as a specified substance, or
(ii) generate or consume substances that may be converted by reacting with each other or by the action of natural processes on the land into the same substance as any of the specified substances,
(e) a public authority.
In the application of Divisions 5–7 to a preliminary investigation order, any reference in those Divisions—
(a) to significantly contaminated land is taken to be a reference to the specified land, and
(b) to an appropriate person is taken to be a reference to a person on whom a preliminary investigation order may be served.
A person (other than a public authority that is not a person referred to in subsection (3) (a)–(d)) must not, without reasonable excuse, fail to comply with a preliminary investigation order.
Maximum penalty—
(a) for a corporation—$1,000,000 and, for a continuing offence, a further penalty of $120,000 for each day the offence continues, or
(b) for an individual—$250,000 and, for a continuing offence, a further penalty of $60,000 for each day the offence continues.
Without limiting subsection (5), a person has a reasonable excuse if the person was unable to enter land because of the refusal of access to the land by its occupier in circumstances where entry to that land was essential to enable the person to comply with the relevant part of the preliminary investigation order.
If the EPA has reason to believe that land is contaminated and that the contamination is significant enough to warrant regulation under this Division, the EPA may declare the land to be significantly contaminated land.
The declaration is to be made by notice published in the Gazette that—
(a) describes with reasonable particularity the land that is to be significantly contaminated land, and
(b) specifies the substances that the EPA has reason to believe contaminate the land in such a way as to warrant regulation under this Division, and
(c) states the harm that the EPA has reason to believe has been, or may be, caused by the substances, and
(d) advises that declaring the land to be significantly contaminated land does not prevent the carrying out of voluntary management of the land by any person, and
(e) advises that any person may, within a period (not being less than 21 days) specified in the notice, make submissions to the EPA on whether the EPA should serve a management order in relation to the land or on any other matter concerning the land.
Each substance that is specified in the notice under this section is a
The EPA is to serve a copy of the notice on—
(a) the owner of the land (or, if the EPA does not know the identity or address of the owner, the notional owner of the land, if any, whose identity and address are known to the EPA), and
(b) those persons (whose identities and addresses are known to the EPA) who the EPA has reason to believe are responsible for significant contamination of the land, and
(c) the occupier of the land, and
(d) the local authority in relation to the land, and
(e) if the EPA has reason to believe that a significant contaminant of land originates from the use of a cattle dip site on the land in relation to a treatment ordered under the Biosecurity Act 2015 or the Stock Diseases Act 1923 (an Act repealed by the Biosecurity Act 2015)—the Secretary of the Department of Primary Industries and Regional Development.
The EPA is to publish a policy on its website setting out how it intends to notify the public about—
(a) land that it has declared to be significantly contaminated land, and
(b) land that has ceased to be significantly contaminated land,
and it is to notify the public in accordance with that policy. However, failure to comply with this subsection does not invalidate any notice under this section.
Before declaring land to be significantly contaminated land under section 11, the EPA is to take into account any relevant guidelines and each of the following matters with respect to the substances that the EPA believes cause the land to be contaminated—
(a) whether the substances have already caused harm (for example in the form of toxic effects on plant or animal life),
(b) whether the substances are toxic, persistent or bioaccumulative or are present in large quantities or high concentrations or occur in combinations,
(c) whether there are exposure pathways available to the substances (that is, the routes whereby the substances may proceed from the source of the contamination to human beings or other aspects of the environment),
(d) whether the uses to which the land and land adjoining it are currently being put are such as to increase the risk of harm from the substances (for example, use for child care, dwellings or domestic food production),
(e) whether the approved uses of the land and land adjoining it are such as to increase the risk of harm from the substances,
(f) whether the substances have migrated or are likely to migrate from the land (whether because of the nature of the substances or because of the nature of the land).
The EPA may declare land to be significantly contaminated land under section 11 even if the possible harm could come into existence only in certain circumstances of occupation or use of the land and those circumstances do not exist at that time. However, the circumstances must be reasonably foreseeable, and consistent with the approved use of the land, at that time.
If the EPA makes a management order in respect of significantly contaminated land, the order must specify one or more appropriate persons (or public authorities that are not appropriate persons) as the subject of the management order.
The EPA is to choose the appropriate persons from among the following persons—
(a) a person who is responsible for significant contamination of the land (whether or not there may be other persons who are also responsible),
(b) an owner of the land (whether or not the person is responsible for contamination of the land),
(c) a notional owner of the land (whether or not the person is responsible for contamination of the land).
In determining the appropriate persons, the EPA is, as far as practicable, to specify a person referred to in subsection (2) (a) over a person referred to in subsection (2) (b) or (c) and to specify a person referred to in subsection (2) (b) over a person referred to in subsection (2) (c).
For the purposes of this section, it is not practicable to specify a person if—
(a) there is no such person, or
(b) the EPA cannot, after reasonable inquiry, find out the identity or location of the person, or
(c) the person, in the opinion of the EPA, is unable to pay the person’s debts or would, if the person took steps to comply with the management order, become unable to pay the person’s debts.
Despite subsection (2), in the case where a significant contaminant of the land originates from the use of a cattle dip site on the land in relation to a treatment ordered under the Biosecurity Act 2015, or the Stock Diseases Act 1923 (an Act repealed by the Biosecurity Act 2015), the appropriate person is—
(a) except in the case referred to in paragraph (b)—the Secretary of the Department of Primary Industries and Regional Development, or
(b) if a person is responsible for significant contamination of the land (whether or not there are other persons who are responsible for such contamination of the land) because of the operation of section 6 (2) (b)—that person.
Any public authority may be specified as the subject of a management order whether or not as an appropriate person.
A person (including a public authority) who takes action concerning land may have rights of recovery against any relevant contaminator of the land—see Division 6.
The EPA may, by order in writing served on a person who is an appropriate person or a public authority, direct the person to do one or both of the following in relation to significantly contaminated land, within such reasonable time as is specified in the order—
(a) carry out any action in relation to the management of the land that may be specified in the order in accordance with this Division,
(b) submit for the EPA’s approval a plan of management of the land (a
plan of management ).
A management order may, in accordance with Division 6A, require the person to whom the order is directed to provide financial assurance to secure or guarantee funding for or towards the carrying out of an action required by or under the order.
The EPA must serve a copy of the management order on each of the following persons in addition to any person on whom the management order has been served under subsection (1)—
(a) the owner of the land (or, if the EPA does not know the identity or address of the owner, any notional owner of the land whose identity and address are known to the EPA), and
(b) those persons (whose identities and addresses are known to the EPA) who the EPA has reason to believe may be responsible for the significant contamination of the land.
A management order may adopt, with or without modification, a plan of management submitted in accordance with a previous management order or, at the discretion of the EPA, a plan recommended by the EPA or submitted by a site auditor.
The EPA must not serve a management order on a person unless it has considered any submissions it has received in accordance with section 11 (2) (e) as to whether the management order should be made.
Despite subsection (4), the EPA may serve a management order on a person at any time if it considers that it is in the public interest to do so.
A person (other than a public authority that is not an interested person with respect to the relevant land) served with a management order must not, without reasonable excuse, fail to comply with any direction or other requirement specified by the order within the time specified by the order.
Maximum penalty—
(a) in the case of a corporation—$1,000,000 (if responsible for the contamination) or $137,500 (in any other case) and, in the case of a continuing offence, a further penalty of $120,000 for each day the offence continues, or
(b) in the case of an individual—$250,000 (if responsible for the contamination) or $66,000 (in any other case) and, in the case of a continuing offence, a further penalty of $60,000 for each day the offence continues.
Without limiting subsection (6), a person has a reasonable excuse if the person was unable to enter land because of the refusal of access to the land by its occupier in circumstances where entry to that land was essential to enable the person to comply with the relevant part of the management order.
If land ceases to be significantly contaminated land, all management orders in force in relation to the land cease to have effect.
A management order must specify the following matters—
(a) the significantly contaminated land to which it applies,
(b) the nature of the significant contamination (and the nature of any harm that has been or may be caused) that the EPA believes may affect the land,
(c) the action that the person subject to the management order must take,
(d) a reasonable period for taking that action,
(e) any other matter prescribed by the regulations.
The period for taking action must exceed by a reasonable amount the period for lodging an appeal against the management order, except if the EPA considers that the nature of the harm or possible harm presented by the contamination is so serious that, in the public interest, action during the period for lodging an appeal is necessary.
Part 6 provides for appeals.
A management order does not confer power on the person subject to it to enter or do anything on land, for the purposes of giving effect to the management order, without the consent of the occupier of the land.
Without limiting section 14 or 15, a management order may require a person who is subject to the order to do any one or more of the following—
(a) to investigate the existence, nature and extent of any significant contamination of the significantly contaminated land to which the order relates,
(b) to investigate the nature and extent of any harm that has been or may be caused by the significant contamination of the land,
(c) to investigate the most appropriate means for undertaking remediation of the land,
(d) to carry out remediation of the land,
(e) to monitor the effectiveness of any remediation or the risk of harm presented by the significant contamination of the land,
(f) to erect a fence, wall, bund or other barrier in a specified place on the land,
(g) to treat, store or contain on the land, or remove from the land and treat or dispose of, any solid or liquid materials including any soil, sand, rock or water,
(h) to vacate, or cease to carry on any activity on, the land or any part of it,
(i) to display on the land any specified sign or notice,
(j) to refrain from disturbing or further disturbing the land in a specified manner or below a specified depth,
(k) to enter any specified land (which may, but need not, be the significantly contaminated land) in order to carry out the management order,
(l) to serve notice of the management order on those persons who occupy land, access to which is necessary for the person to carry out the management order,
(m) to have specified actions audited by a site auditor under Part 4,
(n) to make progress reports to the EPA,
(o) if the person finds that groundwater is contaminated, to report that fact to the Minister administering the Water Management Act 2000,
(p) to make available for inspection by any person, free of charge, a report on the action taken under the management order, or the plan of management, and provide a copy of such a report or plan to any person for a reasonable fee,
(q) to advertise and conduct meetings for the public to receive progress reports, and to make comments, on the action taken under the management order or on the plan of management,
(r) to inform the EPA of any change in the ownership or occupancy of the land, to the extent that the person is aware of the change.
This section applies where one or more persons furnish the EPA with a proposal for the management of significantly contaminated land (a
The EPA may approve a voluntary management proposal in respect of one or more of the parties to the proposal (an
The EPA may approve a voluntary management proposal unconditionally or subject to conditions by notice in writing served on each approved party.
The EPA must not approve a voluntary management proposal unless it is satisfied that—
(a) the terms of the voluntary management proposal, as modified by any conditions to be imposed by the EPA, are appropriate (including any plan of management, provision for giving notice and terms setting out a timetable or requiring progress reports), and
(b) the parties to the proposal have taken all reasonable steps to identify and find every owner and notional owner of the land and every person responsible for significant contamination of the land, and
(c) the parties to the proposal have given those persons identified and found a reasonable opportunity to participate in the formulation and carrying out of the proposal on reasonable terms.
Despite subsection (4), the EPA may approve a voluntary management proposal even if it is not satisfied as to the matters set out in subsection (4) (b) and (c), but only if the EPA makes it a condition of its approval that the parties to the proposal cannot recover contributions under Division 6.
The EPA may serve a management order in relation to significantly contaminated land that is the subject of an approved voluntary management proposal but only on—
(a) an appropriate person or public authority who is not an approved party to the proposal, or
(b) an appropriate person or public authority who is an approved party to the proposal, if in the opinion of the EPA—
(i) the terms of the approved proposal are not carried out, or
(ii) the management order relates to a matter that is not adequately addressed by the proposal, or
(iii) its approval to the proposal was given on the basis of false or misleading information.
A proposal ceases to be an approved voluntary management proposal—
(a) if the EPA by notice in writing served on each approved party—
(i) specifies that it is satisfied that the terms of the voluntary management proposal have all been carried out, or
(ii) withdraws at any time its approval of the voluntary management proposal, and
(b) at the time specified in the notice, or if no time is specified, at the time the notice is served on each approved party.
If a proposal (other than a proposal referred to in subsection (5)) ceases to be an approved voluntary management proposal, the approved parties may recover contributions for carrying out requirements under the approved voluntary management proposal in accordance with Division 6 as if the requirements had been carried out under a management order.
(Repealed)
This section applies to land that has been the subject of a management order or an approved voluntary management proposal (whether or not the land is significantly contaminated land).
The EPA may, by order in writing served on a person who is an owner or occupier of land to which this section applies, direct the person to do one or more of the following in relation to the land, commencing within such reasonable time as may be specified in the order—
(a) to carry out any ongoing management of the land that is specified in the order,
(b) to provide reports to the EPA or any other specified person at specified periods or on the occurrence of any specified event,
(c) to inform the EPA of any change in the ownership or occupancy of the land, to the extent that the person is aware of the change,
(d) to not carry out specified activities on the land and to not permit other persons to carry out any such activities on the land,
(e) to not use the land for specified purposes and to not permit other persons to use the land for those purposes,
(f) to carry out any other requirement in relation to the ongoing monitoring and maintenance of the land that is prescribed by the regulations.
An ongoing maintenance order is to specify when it ceases to have effect by reference to—
(a) the end of a specified period, or
(b) the occurrence of a specified event or set of circumstances, or
(c) such time as the person served with the order ceases to be the owner or occupier (as the case requires) of the land.
A person must comply with an ongoing maintenance order that is served on the person.
Maximum penalty—
(a) for a corporation—$1,000,000 and, for a continuing offence, a further penalty of $120,000 for each day the offence continues, or
(b) for an individual—$250,000 and, for a continuing offence, a further penalty of $60,000 for each day the offence continues.
An offence against subsection (4) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 98.
This section applies to land that is not vested in the EPA and that has been the subject of a management order or an approved voluntary management proposal.
The EPA may, under section 88E of the Conveyancing Act 1919, impose restrictions on the use of, or impose public positive covenants on, any land to which this section applies for the purpose of the ongoing management of the land and may release or vary any such restriction or covenant.
A public positive covenant or restriction imposed under this section may require any owner (for the time being) of the land to do one or more of the following in relation to the land—
(a) to carry out any ongoing management of the land that is specified,
(b) to provide reports to the EPA or any other specified person at specified periods or on the occurrence of any specified event,
(c) to inform the EPA of any change in the ownership or occupancy of the land, to the extent that the person is aware of the change,
(d) to not carry out specified activities on the land and to not permit other persons to carry out any such activities on the land,
(e) to not use the land for specified purposes and to not permit other persons to use the land for those purposes,
(f) to carry out any other requirement in relation to the ongoing monitoring and maintenance of the land that is prescribed by the regulations.
Despite section 88E of the Conveyancing Act 1919—
(a) the memorandum or deed by which the restriction or covenant referred to in subsection (2) is imposed, released or varied—
(i) need be executed only by the EPA and not by any other person, and
(ii) does not require the agreement of any other person, and
(b) where a restriction or public positive covenant referred to in subsection (2) takes effect, the EPA may enforce it against any person.
If a person fails to comply with any requirement of an order under this Part, the EPA may carry out the requirement or may, by notice in writing, order another public authority to carry out that requirement.
A public authority that is subject to an order under this Part (whether or not as an appropriate person and whether or not because of the failure of a person to comply with an order under this Part) must comply with that order.
A public authority may carry out any requirement of an order under this Part by itself or its employees or by agents or contractors.
An order under this Part does not confer any power to enter land, remain on land or do anything on land, without the permission of the occupier of the land.
However, if the occupier withholds or withdraws that permission, the EPA may revoke or suspend the order and instead make an order to which the occupier is subject as if the occupier were the appropriate person.
If the occupier carries out the requirements of an order, the occupier may recover costs in accordance with Division 6 as if the occupier was the appropriate person.
A person who (with the permission of the occupier) enters any land, or does anything else on land, as required by an order under this Part, is liable (except as prescribed by the regulations) to the occupier of the land for any loss suffered by the occupier as a result of the entry or other actions (including any loss suffered by the occupier because of the interruption of the occupier’s business on that land by that entry or those actions).
A person (other than the owner of land) who (with the permission of the occupier) enters the land, or does anything else on the land, as required by an order under this Part, is liable (except as prescribed by the regulations) to the owner of the land for any loss suffered by the owner as a result of that entry or those actions or for any injury to the land caused by that person.
In addition to any liability that a person who enters land as referred to in this section may have, the person has a duty to meet the reasonable costs and expenses of the owner and the occupier of the land in providing access to that land as referred to in this section.
A person has a duty to—
(a) take reasonable steps to minimise the loss and injury referred to in this section caused by the person’s actions, and
(b) take reasonable steps towards restitution in respect of that loss or injury (except as prescribed by the regulations), and
(c) compensate the party that suffered the loss or injury for which the person is liable to the extent that restitution is not practicable (except as prescribed by the regulations).
An amount that is required to be paid or entitled to be recovered under this Division may be recovered as a debt in a court of competent jurisdiction.
The EPA may, by notice in writing, require a person to pay (at the prescribed rate or amount, or if no such rate or amount is prescribed, at a reasonable rate or amount) all or any costs incurred by the EPA in connection with any one or more of the following—
(a) preparing and serving an order under this Part to which the person is subject or in assessing and settling the terms of any voluntary management proposal to which the person is a party,
(b) monitoring action under such an order or under an approved voluntary management proposal to which the person is an approved party within the meaning of section 17,
(c) seeking the compliance of the person with any such order or approved voluntary management proposal,
(d) any other matter associated with, or incidental to, the matters set out in paragraphs (a)–(c),
(e) any other matter prescribed by the regulations.
A public authority may, by notice in writing, require a person to pay all or any costs reasonably incurred by the public authority in connection with the public authority’s carrying out, under section 30, of the requirements of an order made in respect of the person.
A public authority may, by notice in writing, require an owner of land to pay all or any costs reasonably incurred (and not recovered under subsection (1)) by the public authority in connection with the public authority’s carrying out (otherwise than as an appropriate person) of the requirements of an order made in respect of the land (whether or not the order was made in respect of the owner).
A public authority may enter into an arrangement with the owner of land for the payment of any cost under subsection (2), including an arrangement for the periodic, partial or deferred payment of such a cost, or for the compromise of any debt to which the arrangement relates.
A person—
(a) who carries out the requirements of a management order in relation to the significant contamination of land, and
(b) who is not responsible for the significant contamination,
may recover the person’s costs in carrying out those requirements as a portion from each person who is responsible for the significant contamination.
A person—
(a) who carries out the requirements of a preliminary investigation order in relation to specific land, and
(b) who is not responsible for any significant contamination of that land,
may recover the person’s costs in carrying out those requirements as a portion from each person who is responsible for significant contamination to that land.
A person—
(a) who carries out the requirements of a management order in relation to the significant contamination of land, and
(b) who is responsible for the significant contamination,
may recover a portion of the person’s costs in carrying out those requirements from each other person who is responsible for the significant contamination.
If—
(a) an owner (or notional owner) of land pays any costs specified in a notice under section 34 or 35 with respect to a management order, and
(b) the owner (or notional owner) is not responsible for the significant contamination concerned,
the owner (or notional owner) may recover a portion of the amount paid from each person who is responsible for the significant contamination.
The portion referred to in this section must reflect what is reasonable and just in the circumstances, including the following circumstances—
(a) the proportion of responsibility of each person for the significant contamination,
(b) the reasonable cost of any steps taken by each person in respect of managing the significant contamination.
In this section, a reference to a person includes a reference to a public authority.
If the parties to a voluntary management proposal have agreed that this section is not to apply as among themselves, this section does not apply to allow the recovery of any costs by one party from a second party unless the second party has failed to comply with the terms of the proposal.
For the purposes of this section, the costs of a person in carrying out the requirements of a management order include any amount for which the person is liable, or reasonable cost that the person has a duty to meet, under section 34 or 35.
If a public authority carries out (otherwise than as an appropriate person) the requirements of an order under this Part in respect of land disclaimed (by a liquidator or trustee in bankruptcy) as onerous property in the course of proceedings for winding up or bankruptcy, the public authority may recover the cost of carrying out the order together with a reasonable commercial rate of interest and all associated administrative or other costs and expenses so incurred in priority to any holder of a security over the land.
The financial liability under this Division of a legal personal representative in respect of an estate (or of a trustee of property), that is or includes or is part of significantly contaminated land, is limited respectively to such value of the assets of the estate (or such value of the property) as the representative or trustee may lawfully realise to meet a liability under this Division.
A person is not, in such a capacity, personally liable for any costs under this Act that relate to an order under this Part that relates to the land and is not required to carry out such an order to a greater extent than may be paid for by the person’s lawfully realising the assets of the estate or the property to meet those costs or that payment.
A reference in this section to a trustee of property includes the NSW Trustee and Guardian to the extent that the property is deemed to be vested in it under section 61 of the Probate and Administration Act 1898.
A public authority that issues a notice to an owner of land under section 35 (2) may apply to the Registrar-General for registration of the notice in relation to any land that is owned by the person and was the subject of the management order to which the notice relates.
An application under this section must specify the land to which it relates.
The Registrar-General must, on application under this section and lodgment of a copy of the notice, register the notice in relation to the land in such manner as the Registrar-General thinks fit.
On the registration of a notice under section 39, a charge is created on the land in relation to which the notice is registered to secure the payment to the public authority specified in the notice.
Such a charge ceases to have effect in relation to the land when the first of the following occurs—
(a) the payment by the person to the public authority of the amount concerned,
(b) the completion of the sale or other disposition of the land with the consent of the public authority,
(c) the completion of the sale of the land to a purchaser, in good faith for value, who, at the time of the sale, has no notice of the charge.
Such a charge has priority over every charge or encumbrance to which the land was subject immediately before the notice was registered and, in the case of land under the provisions of the Real Property Act 1900, has priority over every mortgage, lease or other interest recorded in the Register kept under that Act.
Such a charge is not affected by any change of ownership of the land, except as provided by subsection (2).
If—
(a) such a charge is created on land of a particular kind and the provisions of any law of the State provide for the registration of title to, or charges over, land of that kind, and
(b) the charge is so registered,
a person who purchases or otherwise acquires the land after the registration of the charge is, for the purposes of subsection (2), taken to have notice of the charge.
If such a charge relates to land under the provisions of the Real Property Act 1900, the charge has no effect until it is registered under that Act.
The provisions of this section have effect despite anything contained in section 42 of the Real Property Act 1900.
When a charge under this Division ceases to have effect, the relevant public authority must apply to the Registrar-General for the cancellation or removal of the relevant notice registered under section 39.
The regulations may make provision for or with respect to the removal of a charge under this Division.
This section applies if the costs of a public authority in carrying out the requirements of an order under this Part are partly or fully met out of money appropriated by Parliament specifically for the management of contaminated land.
If a public authority recovers, under this Division, part or all of the cost of carrying out the requirements of the order, the authority must repay, into the Consolidated Fund or such other fund as may be directed by the Treasurer, a portion of the amount recovered.
The portion referred to in subsection (2) must reflect the proportion that the money provided by Parliament bore to the total costs incurred by the authority in carrying out the requirements of the order.
This Division applies in relation to requirements under the following (each a
(a) management orders,
(b) ongoing maintenance orders,
(c) restrictions or public positive covenants imposed under section 29.
A financial assurance is not to operate as a mere penalty for a contravention of this Act, the regulations or a management order.
The EPA cannot require a person to provide a financial assurance unless it is satisfied that the requirement is justified having regard to—
(a) the degree of risk of environmental harm associated with the activities of the person, or
(b) the remediation work that may be required because of activities of the person, or
(c) the environmental record of the person, or
(c1) the financial capacity of the person, or
(d) any other matters prescribed by the regulations.
A financial assurance may be in one or more of the following forms—
(a) a bank guarantee,
(b) a bond,
(c) another form of security that the EPA considers appropriate and specifies in the relevant order, restriction or covenant.
A relevant order, restriction or covenant may provide for the procedures under which the financial assurance may be claimed on or realised.
The amount of a financial assurance is to be as determined by the EPA.
However, the EPA must not require a financial assurance of an amount that exceeds the total cost of carrying out the action.
For the purposes of subsection (2), the total cost is the amount that, in the EPA’s opinion, represents a reasonable estimate of the total likely costs and expenses that may be incurred in carrying out the action, including the likely costs and expenses of the EPA in directing and supervising the carrying out of the action.
The EPA may require the person who is required to provide a financial assurance to provide to the EPA an independent assessment of the cost of the relevant action for which the assurance is required.
The regulations may provide for guidelines to be observed in relation to—
(a) the content of requirements for financial assurances under relevant orders, restrictions or covenants, and
(b) the calculation of the amount of financial assurances required.
If a person to whom a relevant order, restriction or covenant is directed fails, in the opinion of the EPA, to carry out an action covered by a financial assurance required under a relevant order, restriction or covenant in accordance with the relevant order, restriction or covenant, the EPA may—
(a) carry out the action, or
(b) direct or supervise the carrying out of the action by another person.
The EPA may do so by the use of contractors, consultants or otherwise.
The EPA may enter, or authorise any other person to enter, the premises concerned to carry out the action.
The EPA may recover or fund the reasonable costs or expenses of the EPA or other person in carrying out any action (including the likely costs or expenses of the EPA in directing and supervising the carrying out of the action) by making a claim on or realising the financial assurance or part of it.
Before making the claim on or realising the financial assurance or part of it, the EPA must give to the person who was required to provide the assurance a written notice under this section.
The notice must—
(a) state details of the action carried out or proposed to be carried out, and
(b) state the amount of the financial assurance to be claimed or realised, and
(c) invite the person to make representations to the EPA to show why the financial assurance should not be claimed or realised as proposed, and
(d) state the period (at least 30 days after the notice is given to the person) within which representations may be made.
The representations must be made in writing.
After the end of the period stated in the notice, the EPA must consider any representations properly made by the person.
If the EPA decides to make a claim on or realise the financial assurance or part of it, the EPA must immediately give written notice to the person of its decision and the reasons for the decision.
The EPA must return any excess amounts to the person or that person’s successors.
If the amount of financial assurance claimed or realised by the EPA is not sufficient to cover all the costs or expenses concerned, the EPA may recover the excess from the person as a debt in any court of competent jurisdiction.
The requirement to provide financial assurance lapses and no longer binds the person who was required to provide it if the EPA—
(a) is satisfied that the action for which the financial assurance was required has been satisfactorily carried out, and
(b) has given the person written notice of the lapsing of the financial assurance.
Anything done by or at the direction, or under the supervision, of the EPA under section 42F (1) is taken to have been done by the person who was required to provide the financial assurance.
The State, the Minister, the EPA, the members of the Board of the EPA, the CEO of the EPA, any members of the staff of the EPA and any persons engaged by or otherwise acting with the authority of the EPA (or any of them)—
(a) are not liable for anything done or omitted to be done in good faith in connection with a requirement to which this Division applies or in carrying out or giving effect to this Division, and
(b) without affecting the generality of the above, are taken, for the purposes of sections 98 and 98A, not to be involved in the management of a corporation when doing or omitting to do anything in connection with such a requirement or when carrying out or giving effect to this Division.
A financial assurance may be claimed on or realised, despite and without affecting—
(a) any liability of the person who was required to provide the assurance to any penalty for an offence for a contravention to which the assurance relates, and
(b) any other action that might be taken or is required to be taken in relation to any contravention or other circumstances to which the assurance relates.
The Land and Environment Court has jurisdiction to determine disputes about claiming on or realising a financial assurance.
More than one order or notice may be served under a provision of this Part on the same person or in respect of the same land, or both.
An order or notice under this Part (the
An amending instrument—
(a) must state the reasons for the amendment or repeal, and
(b) must, as far as is reasonably practicable, be served on the persons on whom the original instrument was required to be served, and
(c) must not declare land that is not significantly contaminated land to be significantly contaminated land unless the amending instrument is made in accordance with sections 11 and 12, and
(d) is taken to be made under the same provisions of this Act as the original instrument, and
(e) is not otherwise required to comply with the provisions of this Part with respect to the making of an original instrument.
Nothing in this section enables the amendment of an original instrument so that, as amended, it would not have been in accordance with this Act originally to make it.
A person must not wilfully delay or obstruct a person (including a public authority) who is carrying out any action in compliance with an order or notice under this Part.
Maximum penalty—
(a) for a corporation—$1,000,000 and, for a continuing offence, a further penalty of $120,000 for each day the offence continues, or
(b) for an individual—$250,000 and, for a continuing offence, a further penalty of $60,000 for each day the offence continues.
It is a defence to a prosecution for an offence under this section if the defendant establishes that the delay or obstruction to the person occurred in a situation in which the person was present on the land without the permission of the occupier or contrary to the terms of the occupier’s permission.
This section applies in relation to the following land—
(a) significantly contaminated land,
(b) land in relation to which the EPA has been given notice under section 60.
The EPA may give a notice or direction in accordance with the Protection of the Environment Operations Act 1997, Part 4.2 or 4.3 in relation to the land—
(a) as if the EPA were the appropriate regulatory authority within the meaning of that Act, and
(b) despite any order or approved voluntary management proposal relating to the land.
The notice or direction is taken to have been given under the Protection of the Environment Operations Act 1997.
In this Part, a reference to a
(a) a requirement under this Act,
(b) an approved voluntary management proposal,
(c) a requirement imposed by State Environmental Planning Policy No 55—Remediation of Land or by any other environmental planning instrument made under the Environmental Planning and Assessment Act 1979 or by any development consent or approval given under that Act,
(d) any other requirement imposed by or under an Act,
unless it is carried out only in order to secure compliance with a legal obligation arising from an agreement or arising in such other circumstances as the regulations may prescribe.
An individual must not—
(a) carry out a statutory site audit, or
(b) make any representation, or cause or allow any representation to be made, to the effect that he or she is prepared to carry out a statutory site audit,
if the individual is not accredited under this Part or while his or her accreditation is under suspension.
Maximum penalty—$250,000 and, for a continuing offence, a further penalty of $60,000 for each day the offence continues.
A body corporate must not—
(a) purport to carry out a statutory site audit, or
(b) make any representation, or cause or allow any representation to be made, to the effect that it is capable of doing so.
Maximum penalty—$1,000,000 and, for a continuing offence, a further penalty of $120,000 for each day the offence continues.
The EPA is to convene an accreditation panel.
The accreditation panel is to consist of 4 or more members appointed by the EPA, each having appropriate technical expertise, of whom at least—
(a) one is to be an officer of the EPA who is to be appointed by the EPA as the Chairperson, and
(b) one is to be a representative of community environmental groups appointed on the nomination of the Nature Conservation Council of NSW Incorporated, and
(c) one is to be a representative of industry, and
(d) one is to have tertiary qualifications in a discipline relevant to the contamination of land.
The functions of the accreditation panel are—
(a) to make recommendations to the EPA regarding the suitability of an applicant for accreditation, and
(b) to provide such other advice to the EPA as the EPA may request.
The procedure of the accreditation panel is to be determined by the EPA or (subject to any determination of the EPA) by the accreditation panel.
A member of the accreditation panel holds office for such period (not exceeding 5 years) as is specified in the member’s instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.
The EPA may remove a member from the accreditation panel at any time by giving the member notice in writing.
A member of the accreditation panel is entitled to such allowances in connection with the work of the panel as the EPA approves in respect of the member.
Anything done or omitted to be done by a member of the accreditation panel in exercising the functions conferred or imposed on the panel or member by or under this or any other Act does not, if the thing was done or omitted to be done in good faith, subject the member personally to any action, liability, claim or demand.
An individual may apply to the EPA for accreditation as a site auditor.
An application for accreditation as a site auditor must—
(a) be made in the manner and form approved by the EPA, and
(b) be supported by any information required by the EPA, and
(c) be accompanied by the application fee (if any) prescribed by the regulations.
Each application for accreditation is to be referred by the EPA to the accreditation panel.
If the EPA considers it necessary in order to determine the suitability of an applicant for accreditation, the EPA may require the applicant to do one or more of the following—
(a) to furnish to the EPA, within a specified time, any further particulars that the EPA considers necessary,
(b) to appear before the accreditation panel for an interview,
(c) to undergo an examination as to his or her knowledge.
The accreditation panel is to make a recommendation to the EPA regarding the suitability of an applicant for accreditation.
The EPA may accept or reject the recommendation of the accreditation panel.
The EPA is to determine an application for accreditation as a site auditor by granting or refusing the application.
The EPA may refuse to grant the application—
(a) if the applicant fails to comply with section 50 or a requirement made under that section, or
(b) if, in the opinion of the EPA, the applicant fails to satisfy the requirements of the guidelines in relation to eligibility for accreditation as a site auditor, or
(c) if, within the period of 2 years before the date the application was made, the EPA revoked or refused to renew the applicant’s accreditation as a site auditor, or
(d) for any other reason that the EPA considers sufficient.
The EPA must give notice in writing of the determination of the application to the applicant, including—
(a) if the application is granted, notice of the period for which accreditation is granted and any conditions to which the accreditation is subject, and
(b) if the application is refused, the reasons for the refusal.
An accreditation remains in force for the period specified by the EPA (not exceeding 3 years), subject to any revocation or suspension of the accreditation under this Act.
The regulations may require an accreditation fee to be paid to the EPA, in respect of a grant of accreditation, within the time determined by the EPA.
The accreditation fee is to be calculated on the basis of the period for which accreditation is granted.
An application for renewal of accreditation as a site auditor must—
(a) be made in the manner and form approved by the EPA, and
(b) be supported by any information required by the EPA, and
(c) be made within the time (if any) prescribed by the regulations.
The EPA may require an applicant to furnish to the EPA, within a specified time, any further particulars that the EPA considers necessary to determine the suitability of the applicant for renewal of accreditation.
The EPA is to determine an application for renewal of accreditation as a site auditor by granting or refusing the application.
The EPA may refuse to grant renewal of accreditation as a site auditor on any of the grounds referred to in section 56 (1) or if the applicant fails to comply with this section or a requirement made under this section.
The EPA must give notice in writing of the determination of the application to the applicant, including—
(a) if the application is granted, notice of the period for which the renewal of accreditation is granted and any conditions to which the accreditation is subject, and
(b) if the application is refused, the reasons for the refusal.
If an application for renewal of an accreditation that is in force is made to the EPA within the time (if any) prescribed by the regulations, the accreditation remains in force until notice in writing of the determination of the application is given to the applicant.
If the application is granted, the applicant’s accreditation remains in force for the period specified by the EPA (not exceeding 3 years), subject to any revocation or suspension of the accreditation under this Act.
If the application is refused, the applicant’s accreditation expires when notice in writing of the determination of the application is given to the applicant.
The regulations may require an accreditation fee to be paid to the EPA, in respect of a grant of a renewal of accreditation, within the time determined by the EPA.
The accreditation fee is to be calculated on the basis of the period for which accreditation is granted.
The EPA may grant accreditation or a renewal of accreditation unconditionally or subject to conditions.
In addition, at any time while the accreditation is in force or suspended, the EPA may by notice in writing given to the site auditor—
(a) impose conditions or further conditions on the accreditation, or
(b) vary or revoke any of the conditions to which the accreditation is subject.
A condition imposed by the EPA, or the variation or revocation of a condition, takes effect on the date specified in the notice or on the date on which it is given to the site auditor, whichever is the later.
The regulations may impose a condition on an accreditation or class of accreditation.
Subject to the regulations, a condition imposed by the regulations cannot be varied or revoked by the EPA and prevails to the extent of any inconsistency over a condition or direction imposed or given by the EPA under this Part.
A condition imposed by the EPA may also be varied by a direction given under section 53A.
Contravention of a condition is not an offence but is grounds for non-renewal, revocation or suspension of accreditation.
The EPA may, by notice in writing given to a site auditor, direct the site auditor—
(a) to take specified action, or refrain from taking specified action, relating to the conduct of a site audit or class of site audits, or the making of site audit reports and site audit statements, or
(b) to refrain from conducting a particular site audit or class of site audits for a specified period or until further notice by the EPA.
A direction takes effect on the date specified in the notice or on the date on which it is given to the site auditor, whichever is the later.
Contravention of a direction is not an offence but is grounds for non-renewal, revocation or suspension of accreditation.
A site auditor must make a site audit report in writing whenever he or she carries out a site audit and furnish that report to the person who commissioned the site audit.
The site audit report must contain a critical review of the information collected in relation to the site audit and must clearly set out the reasons for the findings proposed to be contained in the relevant site audit statement.
After completing the site audit report, the site auditor must make a site audit statement in a form approved by the EPA and must—
(a) furnish that statement to the person who commissioned the site audit, and
(b) if the site audit is a statutory site audit, at the same time furnish a copy of the statement to the EPA and the local authority for the area in which any land the subject of the site audit is situated.
The site audit statement must contain the site auditor’s findings in relation to the site audit and must be consistent with the reasons set out in the site auditor’s site audit report.
A site auditor must promptly furnish the EPA with any further information, in support of or otherwise relating to a site audit report or a site audit statement, or concerning any site audit carried out by the site auditor, as the EPA may, by notice in writing to the site auditor, require.
A site audit is to be carried out, and a site audit report and site audit statement are to be prepared and furnished, by a site auditor—
(a) in compliance with the provisions of this Act and the regulations, and
(b) in accordance with the guidelines, and
(c) having regard to the provisions of any environmental planning instruments applying to the site.
A site auditor must, within 7 days of being commissioned to carry out a statutory site audit by any person other than the EPA, give to the EPA a notice in writing specifying the name of the person commissioning the site audit and the location of the land to which the site audit relates.
A site auditor who is accredited for the whole or part of a return period must furnish the EPA with a return showing site audits commenced or completed during that period.
The return must be furnished not later than the 31 July next following the end of the return period.
The return must include particulars of a kind (if any) prescribed by the regulations in respect of each site audit mentioned in the return.
A site auditor must, within 14 days of any material change in the circumstances of his or her employment or of any other change that may affect the site auditor’s accreditation or work as an accredited site auditor, give the EPA notice in writing containing details of the change.
Nothing in this Act affects the exercise of any function by the EPA (or another public authority) under any other Act.
However, the exercise of any such function must not be inconsistent with the functions of the EPA (or of the other public authority) under this Act.
If the EPA or another public authority may act under this Act and another Act in relation to the same circumstances, it is not required to act under both Acts.
Nothing in this section prevents the EPA from issuing a clean-up notice or direction in accordance with Part 4.2 of the Protection of the Environment Operations Act 1997 or a prevention notice in accordance with Part 4.3 of that Act.
This Act does not limit or affect any right, remedy or proceeding under any other Act or law.
No proceedings taken under this Act interfere with or lessen any right or remedy under any other Act or law, but no person is, by virtue of this subsection, liable to be punished twice for the same offence.
A reference in this section to a right includes, for example, a right to restrict or prevent, or obtain damages in respect of, contamination.
(Repealed)
The Minister may, if he or she considers it to be in the public interest to do so, enter into offset arrangements with a person responsible for the contamination of land under which the person provides assistance (other than direct monetary assistance) to communities affected by the contamination.
Assistance may, amongst other things, include the provision of community facilities or community services or the establishment and operation of environmental or resource projects.
Despite subsection (1), the Minister is not to enter into offset arrangements with a person who is or has been an approved party to a voluntary management proposal in respect of land that has been the subject of that proposal if—
(a) the person has not complied with the approved voluntary management proposal or a condition to which the proposal is subject, or
(b) the voluntary management proposal was approved on the basis of false or misleading information provided by the person.
Offset arrangements may be entered only if the Minister reasonably considers that it would not be practicable to remediate the contamination within a reasonable time.
Offset arrangements are to be in writing and may specify the circumstances and manner in which functions under this Act are to be exercised if the assistance is duly provided and any such function is to be exercised accordingly.
The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
In particular, the regulations may make provision for or with respect to the following matters—
(a) guidelines under this Act,
(b) the circumstances in which a fee, or part of a fee, payable under Part 4 may be waived or refunded by the EPA,
(b1) the circumstances in which any or all of the costs recoverable under section 34 may be waived or refunded by the EPA,
(b2) the circumstances in which the EPA may disclose any information obtained in connection with the administration or execution of this Act or the regulations (including personal information within the meaning of the Privacy and Personal Information Protection Act 1998) other than information that may not be disclosed under section 107 (1),
(c) the manner and form of any notice, order or declaration under this Act.
The regulations may create offences punishable by a penalty not exceeding—
(a) 400 penalty units in the case of a corporation, or
(b) 200 penalty units in the case of an individual.
The regulations may adopt any document (including for example a code of practice) as in force from time to time.
Section 12 of the Food Act 2003 does not apply to regulations or other instruments made under this Act.
The Environmentally Hazardous Chemicals Amendment Act 1996 is repealed.
(Repealed)
Schedule 2 has effect.
The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.
The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.
A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.
(Repealed)
(Section 115)
The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts—
• this Act
• Environment Protection Legislation Amendment Act 2002 (but only to the extent that it amends this Act)
• Contaminated Land Management Amendment Act 2003
• Contaminated Land Management Amendment Act 2008
• any other Act that amends this Act
Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as—
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
Nothing in this Act prevents the application of a provision of this Act to contaminated land just because—
(a) the land was contaminated land before the commencement of the provision, or
(b) the risk presented by the contamination was present before that commencement, or
(c) an act or activity referred to in section 6 took place before that commencement or an existing use referred to in that section arose before that commencement.
A reference in this Act to “the use of a cattle dip site on the land under a program implemented in accordance with the recommendations or advice of the Board of Tick Control under Part 2 of the Stock Diseases Act 1923” is taken to be a reference to “the use of a cattle dip site on the land in relation to a treatment ordered under the Stock Diseases Act 1923”.
Part 5 of the Environmentally Hazardous Chemicals Act 1985, as in force immediately before its repeal by this Act, continues in force in respect of—
(a) any condition, or undertaking, in force under section 34 of that Act immediately before the repeal, and
(b) any security held under section 34 of that Act immediately before the repeal, and
(c) any direction in force under section 35 of that Act immediately before the repeal, and
(d) any prescribed remedial action commenced under section 36 of that Act before that repeal,
as if the Part had not been repealed.
Any prescribed remedial action commenced under section 36 of that Act before that repeal may be completed, and costs and expenses recovered in respect of it, in accordance with that section as if the section had not been repealed.
Despite subclause (1), land that is premises in respect of which a direction was given under section 35, or prescribed remedial action was commenced under section 36, of the Environmentally Hazardous Chemicals Act 1985 before the repeal of Part 5 of that Act by this Act is, for the purposes only of sections 28 (Maintenance of remediation: notice to owner or occupier) and 29 (Maintenance of remediation: covenant) of this Act, taken to be land the subject of remediation under Part 3 of this Act.
Despite subclause (1), a direction given under section 35 of the Environmentally Hazardous Chemicals Act 1985 before the repeal of Part 5 of that Act by this Act is, for the purposes only of sections 58 (EPA’s record of current declarations and orders) and 59 (Local authorities to be informed) of this Act, taken to be—
(a) if the direction relates only to the investigation of the land (for instance, to determine the nature and extent of the contamination of the land, the nature and extent of the harm caused by the contamination or the risk that the contamination will cause such harm) and not to the remediation of the land—an investigation order, or
(b) in any other case—a remediation order.
Despite subclause (1), any agreement to take prescribed remedial action entered into under section 36 (2) (a) of the Environmentally Hazardous Chemicals Act 1985, or any direction to take such action given under section 36 (2) (b) of that Act, before the repeal of Part 5 of that Act by this Act is, for the purposes only of sections 58 (EPA’s record of current declarations and orders) and 59 (Local authorities to be informed) of this Act, taken to be—
(a) if the prescribed remedial action in relation to which the agreement was entered into or the direction was given relates only to the investigation of the land (for instance, to determine the nature and extent of the contamination of the land, the nature and extent of the harm caused by the contamination or the risk that the contamination will cause such harm) and not to the remediation of the land—an investigation order, or
(b) in any other case—a remediation order.
A direction given under section 35 of the Environmentally Hazardous Chemicals Act 1985 before the repeal of Part 5 of that Act by this Act, may be revoked by the EPA at any time by notice in writing that is, where reasonably practicable, served on the person to whom the direction was given.
(Repealed)
The following guidelines made by the EPA are taken to be in force for the purposes of this Act as if they had been made under this Act in accordance with section 105 (1) and (2) (a)–(c)—
(a) (Repealed)
(b) Contaminated Sites. Guidelines for the Vertical Mixing of Soil on Former Broad-Acre Agricultural Land, January 1995,
(c), (d) (Repealed)
(e) Contaminated Sites. Guidelines for Assessing Banana Plantation Sites, October 1997.
The accreditation of a site auditor in force immediately before the amendment of section 50 (1) by the Environment Protection Legislation Amendment Act 2002 expires (if not revoked under this Act) on the date on which it would have expired if the amendment had not been made and may be renewed in accordance with that section as so amended.
Section 36, as amended by the Contaminated Land Management Amendment Act 2003, extends to costs incurred before the amendment of that section by that Act if those costs were incurred on or after 1 September 1998.
An accreditation (including any conditions to which the accreditation is subject) in force immediately before the commencement of Schedule 1 [10] to the Contaminated
Land Management Amendment Act 2003 (the
An accreditation referred to in subclause (1) is taken to have been validly granted or renewed, and any condition to which the accreditation is subject is taken to have been validly imposed, under Part 4 of this Act as amended by the amending Act.
A suspension in effect immediately before the commencement of Schedule 1 [10] to the amending Act, continues to have effect until further notice by the EPA. The suspension is taken to have effect under Part 4 of this Act as amended by the amending Act and section 56 applies accordingly.
Section 56, as substituted by the Contaminated Land Management Amendment Act 2003, extends to acts or omissions occurring before the substitution of that section by that Act.
A member of the accreditation panel holding office immediately before the commencement of section 49 (as substituted by the Contaminated Land Management Amendment Act 2003), is taken, on that commencement, to be appointed under section 49 as substituted and this Act applies accordingly.
Despite the definition of
In this Part—
Land that is an investigation area or a remediation site immediately before the substitution of Division 2 of Part 3 by the amending Act is, on the substitution of that Division, taken to be significantly contaminated land.
An investigation order or remediation order that is in force immediately before the substitution of Division 2 of Part 3 by the amending Act is, on the substitution of that Division, taken to be a management order that is in force on the same terms as the investigation order or remediation order.
A voluntary investigation proposal or voluntary remediation proposal that has been agreed to by the EPA and that has not been fully carried out immediately before the substitution of Division 2 of Part 3 by the amending Act is, on the substitution of that Division, taken to be an approved voluntary management proposal in force on the same terms as the voluntary investigation proposal or voluntary remediation proposal.
In relation to any investigation area, remediation site, investigation order, remediation order, voluntary investigation proposal or voluntary remediation proposal to which this clause applies the following references (whether in the order or proposal or elsewhere) are, on and from the substitution of Division 2 of Part 3 by the amending Act, to be read as follows—
(a) a reference to an investigation area or a remediation site is taken to be a reference to significantly contaminated land,
(b) a reference to an investigation order or remediation order is taken to be a reference to a management order,
(c) a reference to a voluntary investigation proposal or voluntary remediation proposal that has been agreed to by the EPA is taken to be a reference to an approved voluntary management proposal and a reference to a party to such a voluntary investigation proposal or voluntary remediation proposal is taken to be a reference to an approved party,
(d) a reference to land being contaminated in such a way as to present a significant risk of harm is taken to be a reference to contamination that the EPA considers to be significant enough to warrant regulation under Division 2 of Part 3 of this Act.
Subclause (4) (d) does not apply to a reference in a guideline.
For the purposes of section 14 (4), the EPA is taken to have considered submissions under section 11 (2) (e) if, in respect of the land to which the proposed management order is to apply, the EPA has, before the substitution of Division 2 of Part 3 by the amending Act, considered submissions under section 17 (2) or 23 (3).
Section 17 (6) does not apply to a voluntary investigation proposal or voluntary remediation proposal that is taken, because of clause 13, to be an approved voluntary management proposal and section 20 or 27 (as the case may be) as in force immediately before the substitution of Division 2 of Part 3 by the amending Act continues to apply in respect of those proposals.
A notice issued under section 28 and in force immediately before the substitution of that section by the amending Act continues in force and is taken to have been issued under section 28 as substituted.
A reference in section 28 (1) or 29 (1) to land that has been the subject of a management order or an approved voluntary management proposal includes land that was, before the substitution of Division 2 of Part 3 by the amending Act—
(a) the subject of an investigation order or a remediation order, or
(b) the subject of a voluntary investigation proposal or voluntary remediation proposal that has been agreed to by the EPA under section 19 or 26.
A covenant imposed by the EPA under section 29 before the substitution of that section by the amending Act may be released or varied under section 29 (2) as substituted by the amending Act.
Land that is taken to be land the subject of remediation under Part 3 because of the operation of clause 3 (3) is, on the substitution of section 28 by the amending Act, taken to be land the subject of a management order.
Sections 34 and 35 as substituted by the amending Act apply only in respect of an order made under Part 3, or a voluntary management proposal furnished to the EPA, after that substitution and in any other case those sections apply as they were immediately before that substitution.
Section 92A (5A) and (5B), as inserted by the amending Act, extend to a penalty notice served before the commencement of those subsections.
Section 107 (3), as inserted by the amending Act, extends to information obtained by the EPA before the commencement of that subsection.
A reference in clause 3 to section 58 or 59 includes a reference to those sections as substituted by the amending Act.
In this Part—
Section 14 (1A) and Division 6A of Part 3, as inserted by the amending Act, apply with respect to management orders made on or after the commencement of those provisions.
Section 92A (6) (d), as inserted by the amending Act, extends to convictions and payments of penalty notices that occurred before its commencement for the purposes of counting the number of offences for which an offender was convicted, or has paid a penalty notice, within a 5-year period referred to in that paragraph.
Division 2A of Part 10, as inserted by the amending Act, extends to proceedings that were initiated, but not determined, before the commencement of the Division.
Proceedings are not determined for the purposes of subclause (1) even if all that remains to be completed is the sentencing of an offender.
Section 100, as inserted by the amending Act, extends to a direction or other requirement given or made before the commencement of that section, but only if the contravention of the direction or requirement began on or after that commencement.
Section 108A, as inserted by the amending Act, applies to notices and orders given, made or issued, or conditions imposed, under this Act or the regulations on or after the commencement of that section.
In this Part—
A person appointed as an authorised officer under Part 9 before the repeal of that Part by the amending Act is taken to be an authorised officer appointed under Chapter 7 (Investigation) of the Protection of the Environment Operations Act 1997 on the commencement of sections 96B and 96C of this Act, as inserted by the amending Act.
Chapter 7 (Investigation) of the Protection of the Environment Operations Act 1997 extends to the exercise of powers in connection with an investigation commenced before the commencement of sections 96B and 96C of this Act, as inserted by the amending Act.
In this Part—
A reference in amended section 46 to land in relation to which the EPA has been given notice under section 60 extends to land in relation to which the EPA was given notice under section 60 before the date this clause commences.
Sections 95AA–95AF and amended 95B extend to proceedings commenced, but not finally determined, before the date this clause commences.
In this part—
Sections 72 and 72A, as substituted or inserted by the amendment Act, apply to proceedings commenced but not finally determined before the commencement.
Section 92, as amended by the amendment Act, applies to proceedings commenced but not finally determined before the commencement.
Contaminated Land Management Act 1997 No 140. Assented to 17.12.1997. Date of commencement of Parts 1, 4, 8 and 10, secs 101, 103, 105, 108 and 110–116, Schs 1.3 [3] and [4] and 1.5, cll 1 and 5 of Sch 2, 1.6.1998, sec 2 and GG No 79 of 15.5.1998, p 3368; date of commencement of the remainder (except sec 60), 1.9.1998, sec 2 and GG No 123 of 21.8.1998, p 6171; date of commencement of sec 60, 1.7.1999, sec 2 and GG No 66 of 4.6.1999, p 3774. This Act has been amended as follows—
No 54 | Statute Law (Miscellaneous Provisions) Act 1998. Assented to 30.6.1998. Date of commencement of Sch 1.5, 1.9.1998, Sch 1.5 and GG No 123 of 21.8.1998, p 6171. | |
No 120 | Statute Law (Miscellaneous Provisions) Act (No 2) 1998. Assented to 26.11.1998. Date of commencement of Sch 1.9, assent, sec 2 (2). | |
No 31 | Statute Law (Miscellaneous Provisions) Act 1999. Assented to 7.7.1999. Date of commencement of Sch 1.9, assent, sec 2 (2). | |
No 85 | Statute Law (Miscellaneous Provisions) Act (No 2) 1999. Assented to 3.12.1999. Date of commencement of Sch 2.7, assent, sec 2 (2); date of commencement of Sch 4, assent, sec 2 (1). | |
No 92 | Water Management Act 2000. Assented to 8.12.2000. Date of commencement of Sch 8.3, 1.1.2001, sec 2 and GG No 168 of 22.12.2000, p 13471. | |
No 93 | Statute Law (Miscellaneous Provisions) Act (No 2) 2000. Assented to 8.12.2000. Date of commencement of Sch 2.9, assent, sec 2 (2). | |
No 34 | Corporations (Consequential Amendments) Act 2001. Assented to 28.6.2001. Date of commencement of Sch 4.9, 15.7.2001, sec 2 (1) and Commonwealth Gazette No S 285 of 13.7.2001. | |
No 121 | Justices Legislation Repeal and Amendment Act 2001. Assented to 19.12.2001. Date of commencement of Sch 2, 7.7.2003, sec 2 and GG No 104 of 27.6.2003, p 5978. | |
No 14 | Environment Protection Legislation Amendment Act 2002. Assented to 15.5.2002. Date of commencement of Sch 1, 28.6.2002, sec 2 and GG No 102 of 21.6.2002, p 4467. | |
No 103 | Law Enforcement (Powers and Responsibilities) Act 2002. Assented to 29.11.2002. Date of commencement of Sch 4, 1.12.2005, sec 2 and GG No 45 of 15.4.2005, p 1356. | |
No 43 | Food Act 2003. Assented to 8.9.2003. Date of commencement of Sch 1, 23.2.2004, sec 2 and GG No 42 of 20.2.2004, p 711. | |
No 91 | Contaminated Land Management Amendment Act 2003. Assented to 10.12.2003. Date of commencement, 1.2.2004, sec 2 and GG No 16 of 23.1.2004, p 258. | |
No 55 | Statute Law (Miscellaneous Provisions) Act 2004. Assented to 6.7.2004. Date of commencement of Sch 2.4, 1.2.2004, Sch 2.4. | |
No 80 | Succession Act 2006. Assented to 27.10.2006. Date of commencement, 1.3.2008, sec 2 and GG No 16 of 15.2.2008, p 707. | |
No 120 | Statute Law (Miscellaneous Provisions) Act (No 2) 2006. Assented to 4.12.2006. Date of commencement of Sch 1, assent, sec 2 (2). | |
No 27 | Statute Law (Miscellaneous Provisions) Act 2007. Assented to 4.7.2007. Date of commencement of Sch 1.9, assent, sec 2 (2). | |
No 82 | Statute Law (Miscellaneous Provisions) Act (No 2) 2007. Assented to 7.12.2007. Date of commencement of Sch 1, assent, sec 2 (2). | |
No 94 | Miscellaneous Acts (Local Court) Amendment Act 2007. Assented to 13.12.2007. Date of commencement of Sch 2, 6.7.2009, sec 2 and 2009 (314) LW 3.7.2009. | |
No 23 | Miscellaneous Acts Amendment (Same Sex Relationships) Act 2008. Assented to 11.6.2008. Date of commencement, 22.9.2008, sec 2 and GG No 118 of 19.9.2008, p 9283. | |
No 111 | Contaminated Land Management Amendment Act 2008. Assented to 10.12.2008. Date of commencement of Sch 1 [1]–[4] [6]–[9] [11] [12] [14]–[26] [28] [32] [33] [35] [38] [39] [41] [43] [46] [47] and [56], 1.7.2009, sec 2 (1) and 2009 (253) LW 26.6.2009; date of commencement of Sch 1 [5] [10] [13] [27] [29]–[31] [34] [36] [37] [40] [42] [44] [45] [48]–[55] and [57]–[61], assent, sec 2 (2). | |
No 17 | Real Property and Conveyancing Legislation Amendment Act 2009. Assented to 13.5.2009. Date of commencement of Sch 3, assent, sec 2 (1). | |
No 106 | Statute Law (Miscellaneous Provisions) Act (No 2) 2009. Assented to 14.12.2009. Date of commencement of Sch 2, 8.1.2010, sec 2 (2). | |
No 19 | Relationships Register Act 2010. Assented to 19.5.2010. Date of commencement of Sch 3, assent, sec 2 (2). | |
No 59 | Statute Law (Miscellaneous Provisions) Act 2010. Assented to 28.6.2010. Date of commencement of Sch 2.16, 9.7.2010, sec 2 (2). | |
No 63 | Protection of the Environment Legislation Amendment Act 2011. Assented to 16.11.2011. Date of commencement of Sch 3.1, 29.2.2012, sec 2 and 2012 (13) LW 20.1.2012. | |
No 95 | Statute Law (Miscellaneous Provisions) Act (No 2) 2012. Assented to 21.11.2012. Date of commencement of Sch 2, 4.1.2013, sec 2 (1). | |
No 97 | Miscellaneous Acts Amendment (Directors’ Liability) Act 2012. Assented to 26.11.2012. Date of commencement, 11.1.2013, sec 2 and 2012 (629) LW 14.12.2012. | |
No 65 | Protection of the Environment Legislation Amendment Act 2014. Assented to 28.10.2014. Date of commencement, 1.1.2015, sec 2 and 2014 (835) LW 19.12.2014. | |
No 24 | Biosecurity Act 2015. Assented to 22.9.2015. Date of commencement of Sch 8.9, 1.7.2017, sec 2 and 2017 (227) LW 2.6.2017. | |
No 17 | Crown Land Legislation Amendment Act 2017. Assented to 17.5.2017. Date of commencement of Sch 4.18, 1.7.2018, sec 2 (1) and 2018 (225) LW 1.6.2018. | |
No 21 | Protection of the Environment Legislation Miscellaneous Amendments Act 2017. Assented to 1.6.2017. Date of commencement of Sch 1, 1.6.2017, sec 2 (1). | |
No 25 | Statute Law (Miscellaneous Provisions) Act 2018. Assented to 15.6.2018. Date of commencement of Sch 5.4, 14 days after assent, sec 2 (1). | |
No 68 | Statute Law (Miscellaneous Provisions) Act (No 2) 2018. Assented to 31.10.2018. Date of commencement of Sch 2.7, 8.1.2019, sec 2 (1). | |
No 30 | Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020. Date of commencement of amendments made by Sch 1.11, 11.12.2020, sec 2(3). | |
No 3 | Environment Legislation Amendment Act 2022. Assented to 4.3.2022. Date of commencement, assent, sec 2. | |
No 7 | Statute Law (Miscellaneous Provisions) Act 2023. Assented to 3.7.2023. Date of commencement, 14.7.2023, sec 2. | |
No 20 | Environment Protection Legislation Amendment (Stronger Regulation and Penalties) Act 2024. Assented to 3.4.2024. Date of commencement of Sch 1, assent, sec 2(c). | |
No 82 | Statute Law (Miscellaneous Provisions) Act (No 2) 2024. Assented to 21.11.2024. Date of commencement of Sch 1, assent, sec 2(b). |
Sec 3 | Am 2008 No 111, Sch 1 [1]–[3]. |
Sec 4 | Am 1998 No 120, Sch 1.9 [1]; 2003 No 91, Sch 1 [1]; 2008 No 111, Sch 1 [4] [5]; 2011 No 63, Sch 3.1 [1] [2]; 2014 No 65, Sch 1.1 [1]; 2017 No 17, Sch 4.18 [1]–[3]; 2017 No 21, Sch 1 [1] [2]; 2022 No 3, Sch 1[1] [2]; 2024 No 20, Sch 1[1] [2]. |
Part 2, heading | Rep 2008 No 111, Sch 1 [6]. |
Sec 6 | Subst 2008 No 111, Sch 1 [6]. Am 2022 No 3, Sch 1[3]. |
Sec 7 | Subst 2008 No 111, Sch 1 [6]. Am 2012 No 95, Sch 2.6. |
Secs 8, 9 | Subst 2008 No 111, Sch 1 [6]. |
Part 3, heading | Subst 2008 No 111, Sch 1 [7]. |
Part 3, Div 1 | Subst 2008 No 111, Sch 1 [8]. |
Sec 10 | Rep 2008 No 111, Sch 1 [6]. Ins 2008 No 111, Sch 1 [8]. Am 2022 No 3, Sch 1[4]. |
Part 3, Div 2 | Subst 2008 No 111, Sch 1 [8]. |
Sec 11 | Subst 2008 No 111, Sch 1 [8]. Am 2010 No 59, Sch 2.16; 2015 No 24, Sch 8.9 [1] [2]; 2017 No 21, Sch 1 [3]; 2024 No 82, Sch 1.6. |
Sec 12 | Subst 2008 No 111, Sch 1 [8]. |
Sec 13 | Subst 2008 No 111, Sch 1 [8]. Am 2010 No 59, Sch 2.16; 2024 No 82, Sch 1.6. |
Sec 14 | Am 2006 No 80, Sch 3.4 [1]. Subst 2008 No 111, Sch 1 [8]. Am 2012 No 97, Sch 1.5 [1]; 2014 No 65, Sch 1.1 [2] [3]; 2022 No 3, Sch 1[5] [6]. |
Secs 15, 16 | Subst 2008 No 111, Sch 1 [8]. |
Sec 17 | Am 1999 No 31, Sch 1.9 [1]. Subst 2008 No 111, Sch 1 [8]. |
Sec 18 | Am 2000 No 92, Sch 8.3. Rep 2008 No 111, Sch 1 [8]. |
Secs 19, 20 | Rep 2008 No 111, Sch 1 [8]. |
Secs 21, 22 | Rep 2008 No 111, Sch 1 [9]. |
Sec 23 | Am 1999 No 31, Sch 1.9 [2]. Rep 2008 No 111, Sch 1 [9]. |
Sec 24 | Am 1999 No 31, Sch 1.9 [3]–[7]. Rep 2008 No 111, Sch 1 [9]. |
Secs 25–27 | Rep 2008 No 111, Sch 1 [9]. |
Part 3, Div 3 | Subst 2008 No 111, Sch 1 [9]. |
Sec 28 | Subst 2008 No 111, Sch 1 [9]. Am 2012 No 97, Sch 1.5 [2]; 2022 No 3, Sch 1[7]. |
Sec 29 | Subst 2008 No 111, Sch 1 [9]. |
Part 3, Divs 4, 5 (secs 30–33) | Subst 2008 No 111, Sch 1 [9]. |
Part 3, Div 6 | Subst 2008 No 111, Sch 1 [9]. |
Sec 33A | Ins 2008 No 111, Sch 1 [9]. |
Secs 34, 35 | Subst 2008 No 111, Sch 1 [9]. |
Sec 36 | Am 1999 No 31, Sch 1.9 [8]–[11]; 2003 No 91, Sch 1 [2] [3]. Subst 2008 No 111, Sch 1 [9]. |
Sec 37 | Subst 2008 No 111, Sch 1 [9]. |
Sec 38 | Am 2006 No 80, Sch 3.4 [2]. Subst 2008 No 111, Sch 1 [9]. Am 2012 No 95, Sch 2.6. |
Sec 39 | Subst 2008 No 111, Sch 1 [9]. |
Sec 40 | Am 2009 No 17, Sch 3.4. Subst 2008 No 111, Sch 1 [9]. Am 2009 No 106, Sch 2.6. |
Secs 41, 42 | Subst 2008 No 111, Sch 1 [9]. |
Part 3, Div 6A, heading | Ins 2014 No 65, Sch 1.1 [4]. Am 2022 No 3, Sch 1[8]. |
Part 3, Div 6A | Ins 2014 No 65, Sch 1.1 [4]. |
Sec 42A | Ins 2014 No 65, Sch 1.1 [4]. Am 2022 No 3, Sch 1[9]. |
Sec 42B | Ins 2014 No 65, Sch 1.1 [4]. Am 2022 No 3, Sch 1[10]. |
Sec 42C | Ins 2014 No 65, Sch 1.1 [4]. Am 2022 No 3, Sch 1[11]. |
Sec 42D | Ins 2014 No 65, Sch 1.1 [4]. Am 2022 No 3, Sch 1[12]. |
Sec 42E | Ins 2014 No 65, Sch 1.1 [4]. Subst 2022 No 3, Sch 1[13]. |
Sec 42F | Ins 2014 No 65, Sch 1.1 [4]. Am 2022 No 3, Sch 1[14]. |
Sec 42G | Ins 2014 No 65, Sch 1.1 [4]. |
Sec 42H | Ins 2014 No 65, Sch 1.1 [4]. |
Sec 42I | Ins 2014 No 65, Sch 1.1 [4]. Am 2022 No 3, Sch 1[15]. |
Sec 42J | Ins 2014 No 65, Sch 1.1 [4]. |
Sec 42K | Ins 2014 No 65, Sch 1.1 [4]. |
Part 3, Div 7 | Subst 2008 No 111, Sch 1 [9]. |
Sec 43 | Subst 2008 No 111, Sch 1 [9]. |
Sec 44 | Subst 2008 No 111, Sch 1 [9]. |
Sec 45 | Subst 2008 No 111, Sch 1 [9]. Am 2022 No 3, Sch 1[16]. |
Sec 46 | Subst 2008 No 111, Sch 1 [9]; 2022 No 3, Sch 1[17]. |
Part 4, heading | Subst 2008 No 111, Sch 1 [10]. |
Sec 47 | Am 1999 No 31, Sch 1.9 [12]; 2003 No 91, Sch 1 [4]–[8]. Subst 2008 No 111, Sch 1 [11]. |
Sec 48 | Am 2003 No 91, Sch 1 [9]; 2014 No 65, Sch 1.1 [5] [6]; 2022 No 3, Sch 1[18] [19]. |
Sec 49 | Subst 2003 No 91, Sch 1 [10]. |
Sec 50 | Am 1998 No 120, Sch 1.9 [2]; 2002 No 14, Sch 1 [1]–[7]. Subst 2003 No 91, Sch 1 [10]. |
Sec 51 | Am 1998 No 120, Sch 1.9 [3]. Subst 2003 No 91, Sch 1 [10]. |
Sec 52 | Subst 2003 No 91, Sch 1 [10]. |
Sec 53 | Am 1999 No 31, Sch 1.9 [13]; 2002 No 14, Sch 1 [8] [9]. Subst 2003 No 91, Sch 1 [10]. |
Secs 53A–53C | Ins 2003 No 91, Sch 1 [10]. |
Sec 53D | Ins 2003 No 91, Sch 1 [10]. Am 2006 No 120, Sch 1.5 [1] [2]; 2008 No 111, Sch 1 [12]. |
Sec 54 | Am 2003 No 91, Sch 1 [11] [12]; 2008 No 23, Sch 3.13; 2010 No 19, Sch 3.22 [1] [2]. |
Sec 55 | Subst 2003 No 91, Sch 1 [13]. Rep 2008 No 111, Sch 1 [13]. |
Sec 56 | Am 1998 No 120, Sch 1.9 [4]. Subst 2003 No 91, Sch 1 [13]. |
Sec 57 | Am 2003 No 91, Sch 1 [14]; 2014 No 65, Sch 1.1 [7] [8]; 2022 No 3, Sch 1[20]–[22]. |
Sec 58 | Am 2004 No 55, Sch 2.4 [1]; 2008 No 111, Sch 1 [14]; 2017 No 21, Sch 1 [4]. |
Sec 59 | Am 2004 No 55, Sch 2.4 [2] [3]. Subst 2008 No 111, Sch 1 [15]. Am 2018 No 68, Sch 2.7 [1] [2]. |
Sec 60 | Subst 2008 No 111, Sch 1 [15]. Am 2012 No 97, Sch 1.5 [3]; 2014 No 65, Sch 1.1 [9]; 2022 No 3, Sch 1[23] [24]. |
Sec 61 | Subst 2008 No 111, Sch 1 [16]. |
Sec 62 | Am 2000 No 93, Sch 2.9 [1]–[5]. |
Part 7, heading | Am 2008 No 111, Sch 1 [17]. |
Sec 63 | Am 2001 No 34, Sch 4.9 [1]; 2008 No 111, Sch 1 [18]–[21]. |
Sec 64 | Am 2001 No 34, Sch 4.9 [2]; 2008 No 111, Sch 1 [18] [19] [22]–[26]. |
Sec 65 | Am 2001 No 34, Sch 4.9 [3] [4]; 2008 No 111, Sch 1 [18] [19]. |
Sec 66 | Am 2008 No 111, Sch 1 [27]. |
Secs 67, 68 | Rep 2008 No 111, Sch 1 [28]. |
Sec 69 | Am 2008 No 111, Sch 1 [29]; 2011 No 63, Sch 3.1 [3]; 2022 No 3, Sch 1[25]. |
Sec 71 | Am 1998 No 120, Sch 1.9 [5] [6]; 2008 No 111, Sch 1 [30]–[32]; 2011 No 63, Sch 3.1 [4]; 2017 No 21, Sch 1 [5]; 2022 No 3, Sch 1[26]. |
Sec 72 | Am 2022 No 3, Sch 1[27]. Subst 2024 No 20, Sch 1[3]. |
Sec 72A | Ins 2024 No 20, Sch 1[3]. |
Part 9 | Rep 2017 No 21, Sch 1 [6]. |
Part 9, Div 1 (secs 73–75) | Rep 2017 No 21, Sch 1 [6]. |
Part 9, Div 2 | Rep 2017 No 21, Sch 1 [6]. |
Sec 76 | Rep 2017 No 21, Sch 1 [6]. |
Sec 77 | Am 2008 No 111, Sch 1 [33] [34]. Rep 2017 No 21, Sch 1 [6]. |
Secs 78–80 | Rep 2017 No 21, Sch 1 [6]. |
Part 9, Div 3 | Rep 2017 No 21, Sch 1 [6]. |
Sec 81 | Am 2008 No 111, Sch 1 [35]. Rep 2017 No 21, Sch 1 [6]. |
Secs 82, 83 | Rep 2017 No 21, Sch 1 [6]. |
Sec 84 | Am 2002 No 103, Sch 4.14 [1]–[4]. Rep 2017 No 21, Sch 1 [6]. |
Secs 85–87 | Rep 2017 No 21, Sch 1 [6]. |
Part 9, Div 4 (sec 88) | Rep 2017 No 21, Sch 1 [6]. |
Part 9, Div 5 | Rep 2017 No 21, Sch 1 [6]. |
Sec 89 | Am 2008 No 111, Sch 1 [36]; 2014 No 65, Sch 1.1 [10]. Rep 2017 No 21, Sch 1 [6]. |
Sec 90 | Rep 2017 No 21, Sch 1 [6]. |
Sec 92 | Am 1999 No 85, Sch 2.7; 2001 No 121, Sch 2.59 [1]; 2007 No 94, Sch 2; 2024 No 20, Sch 1[4]. |
Sec 92A | Ins 2007 No 27, Sch 1.9. Am 2008 No 111, Sch 1 [37]; 2011 No 63, Sch 3.1 [4]; 2014 No 65, Sch 1.1 [11]; 2020 No 30, Sch 1.11[1]–[6]. |
Sec 93 | Am 2001 No 121, Sch 2.59 [2] [3]; 2008 No 111, Sch 1 [38]. |
Sec 95 | Am 2008 No 111, Sch 1 [39]. |
Part 10, Div 2A | Ins 2014 No 65, Sch 1.1 [12]. |
Sec 95AA | Ins 2022 No 3, Sch 1[28]. |
Sec 95AB | Ins 2022 No 3, Sch 1[28]. |
Sec 95AC | Ins 2022 No 3, Sch 1[28]. |
Sec 95AD | Ins 2022 No 3, Sch 1[28]. |
Sec 95AE | Ins 2022 No 3, Sch 1[28]. |
Sec 95AF | Ins 2022 No 3, Sch 1[28]. |
Sec 95A | Ins 2014 No 65, Sch 1.1 [12]. Am 2022 No 3, Sch 1[29]; 2024 No 20, Sch 1[5]. |
Sec 95B | Ins 2014 No 65, Sch 1.1 [12]. Am 2022 No 3, Sch 1[30]–[34]. |
Part 10, Div 2B | Ins 2022 No 3, Sch 1[35]. |
Sec 95C | Ins 2022 No 3, Sch 1[35]. Am 2024 No 20, Sch 1[6] [7]. |
Part 10, Div 3, heading | Subst 2014 No 65, Sch 1.1 [13]. |
Sec 96A | Ins 2014 No 65, Sch 1.1 [14]. |
Secs 96B, 96C | Ins 2017 No 21, Sch 1 [7]. |
Sec 98 | Subst 2008 No 111, Sch 1 [40]; 2012 No 97, Sch 1.5 [4]. |
Secs 98A, 98B | Ins 2012 No 97, Sch 1.5 [4]. |
Sec 100 | Rep 2000 No 93, Sch 2.9 [6]. Ins 2014 No 65, Sch 1.1 [15]. |
Sec 102 | Am 2008 No 111, Sch 1 [41]. |
Sec 103 | Subst 2008 No 111, Sch 1 [42]. Am 2014 No 65, Sch 1.1 [16]; 2018 No 25, Sch 5.4; 2022 No 3, Sch 1[36]. |
Sec 103A | Ins 2022 No 3, Sch 1[37]. |
Sec 104 | Am 2008 No 111, Sch 1 [43]. |
Sec 105 | Am 2003 No 91, Sch 1 [15]; 2008 No 111, Sch 1 [44] [45]. |
Sec 106 | Am 2008 No 111, Sch 1 [46] [47]. |
Sec 107 | Am 2008 No 111, Sch 1 [48]; 2022 No 3, Sch 1[38]. |
Sec 108 | Am 2008 No 111, Sch 1 [49]. Subst 2017 No 21, Sch 1 [8]; 2024 No 20, Sch 1[8]. |
Sec 108A | Ins 2014 No 65, Sch 1.1 [17]. |
Sec 109 | Am 2008 No 111, Sch 1 [50]. |
Sec 111 | Rep 2008 No 111, Sch 1 [51]. |
Sec 111A | Ins 2008 No 111, Sch 1 [52]. |
Sec 112 | Am 2003 No 43, Sch 1.1; 2003 No 91, Sch 1 [16]; 2008 No 111, Sch 1 [53]; 2022 No 3, Sch 1[39] [40]. |
Sec 114 | Rep 1999 No 85, Sch 4. |
Sch 1 | Rep 1999 No 85, Sch 4. |
Sch 2 | Am 1998 No 54, Sch 1.5; 1998 No 120, Sch 1.9 [7]; 2000 No 93, Sch 2.9 [7]; 2002 No 14, Sch 1 [10] [11]; 2003 No 91, Sch 1 [17] [18]; 2006 No 120, Sch 1.5 [3]; 2007 No 82, Sch 1.1; 2008 No 111, Sch 1 [54]–[61]; 2014 No 65, Sch 1.1 [18]–[20]; 2017 No 21, Sch 1 [9]; 2022 No 3, Sch 1[41]; 2023 No 7, Sch 1.3; 2024 No 20, Sch 1[9]. |
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