Contaminated Land Act 1991

Queensland CONTAMINATED LAND ACT 1991 Reprinted as in force on 13 August 1996 (includes amendments up to Act No. 21 of 1995) Reprint No. 2A This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This Act is reprinted as at 13 August 1996 shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of earlier reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints.

Queensland CONTAMINATED LAND ACT 1991 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3 Objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 5 Act binds the Crown . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 PART 2—ADMINISTRATION 6 Administration of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 7 Application of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8 Advisory Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 9 Functions of Advisory Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 10 Proceedings at Advisory Council meetings . . . . . . . . . . . . . . . . . . . . . . . . . . 9 11 Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 12 Allowances etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 PART 3—PREVENTION OF LAND CONTAMINATION 13 Prohibition of land contamination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 14 Sites for disposal of hazardous substances . . . . . . . . . . . . . . . . . . . . . . . . . . 10 15 Services in emergencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 16 Special powers of authorised persons where imminent danger . . . . . . . . . . 11 PART 4—REQUIREMENTS FOR CONTROL OF CONTAMINATED LAND 17 Notification of contamination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 18 Investigations on direction of chief executive . . . . . . . . . . . . . . . . . . . . . . . . 14 19 Investigation of sites . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

2 Contaminated Land Act 1991 20 Notice to remediate contaminated land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 21 Power to remediate contaminated land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 22 Validation report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 23 Classification of sites . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 24 Contaminated Sites Register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 25 Records to be maintained by Registrar of Titles and other registrars . . . . . 24 26 Restriction on use of restricted sites . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 27 Notice of classification of land before disposal . . . . . . . . . . . . . . . . . . . . . . 25 PART 5—AUTHORISED PERSONS 28 Authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 29 Authorised person to produce identity card . . . . . . . . . . . . . . . . . . . . . . . . . . 26 30 Entry and search—monitoring compliance . . . . . . . . . . . . . . . . . . . . . . . . . . 26 31 Entry and search—evidence of offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 32 General powers of authorised person in relation to places . . . . . . . . . . . . . . 29 33 Monitoring warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 34 Offence related warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 35 Grant of warrant by telephone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 36 Production to authorised person of reports etc. . . . . . . . . . . . . . . . . . . . . . . . 33 37 Authorised person may require name and address . . . . . . . . . . . . . . . . . . . . 34 38 Obstruction etc. of authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 39 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 PART 6—APPEALS 40 Appeal against decision of chief executive or Minister . . . . . . . . . . . . . . . . 36 41 Conduct of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 42 Decision on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 PART 7—GENERAL PROVISIONS 43 Attempts to commit offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 44 Daily penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 45 Offence to destroy signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 46 Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 47 Occupier not to obstruct owner carrying out functions . . . . . . . . . . . . . . . . . 39 48 Notice to obstructing occupier to comply with notice . . . . . . . . . . . . . . . . . 39

3 Contaminated Land Act 1991 49 Occupier of land to supply information on request . . . . . . . . . . . . . . . . . . . . 39 50 Secrecy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 51 Certain persons liable for offences by bodies corporate . . . . . . . . . . . . . . . . 41 52 Indemnity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 53 Chief executive not required to act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 54 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 55 Certain notices and directions to contain statement of right to appeal . . . . 42 56 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 57 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 45 SUBJECT MATTER FOR REGULATIONS ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 46 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47

s1 5 s3 Contaminated Land Act 1991 CONTAMINATED LAND ACT 1991 [as amended by all amendments that commenced on or before 13 August 1996] An Act to facilitate the management of contaminated land and for related purposes † PART 1—PRELIMINARY ˙ Short title 1. This Act may be cited as the Contaminated Land Act 1991 . ˙ Commencement 2. This Act commences on a day to be fixed by proclamation. ˙ Objects of Act 3. The objects of this Act include— (a) to define contaminated land; and (b) to prevent further contamination of land; and (c) to identify all contaminated land in Queensland; and (d) to establish a register of contaminated land; and (e) to have information on contaminated land available to the public; and (f) to enable assessment and, if necessary, remediation of contaminated land in Queensland to ensure the land does not present a hazard to human health or the environment; and (g) to provide a mechanism for a site specific solution for each

s4 6 s4 Contaminated Land Act 1991 contaminated site based on a scientific assessment of the risk to health and the environment; and (h) to provide, in appropriate cases, for recovery of costs of investigation and remediation of land from those who caused the contamination and from others; and (i) to ensure that any restrictions on future use of contaminated land are maintained; and (j) to provide for an advisory council to advise on policy issues. ˙ Definitions 4. In this Act— “approved” means approved for the time being by the chief executive; “authorised person” means the chief executive or a person appointed under section 28; “chief executive” means the chief executive of the department; “confirmed site” means a parcel of land classified under section 23 as a confirmed site; “contaminated land” means land, a building or structure on land, or matter in or on land, that, in the opinion of the chief executive is affected by a hazardous substance so that it is, or causes other land, water or air to be, a hazard to human health or the environment; “discharge” includes escape in any way; ‘‘former site” means a parcel of land classified under section 23 as a former site; “hazardous substance” means a substance that because of its quantity, concentration, acute or chronic toxic effects, carcinogenicity, teratogenicity, mutagenicity, corrosiveness, flammability, or physical, chemical or infectious characteristics, may pose a hazard to human health or the environment when improperly treated, stored, disposed of or otherwise managed; “land contamination” means any action that results in land becoming contaminated land;

s5 7 s6 Contaminated Land Act 1991 “occupier” , in relation to a place, includes the person in actual occupation or control of the place or, if there is no person in actual occupation or control, the owner; “owner” , in relation to a place, means the person who has the freehold estate in the land or is entitled to possession of the land; “possible site” means a parcel of land classified under section 23 as a possible site; “prescribed purpose” means a purpose prescribed under section 17(5); “probable site” means a parcel of land classified under section 23 as a probable site; “released site” means a parcel of land classified under section 23 as a released site; “restricted site” means a parcel of land classified under section 23 as a restricted site; “waste” means a solid, gas or liquid, with or without matter in suspension or solution in it, (including sewage, household refuse, and materials used or produced in manufacturing processes, mining, agriculture, commerce or a trade, business or calling) that is capable of causing land contamination. ˙ Act binds the Crown 5. This Act binds the Crown in all its capacities. † PART 2—ADMINISTRATION ˙ Administration of Act 6.(1) Subject to the Minister, the chief executive administers this Act. (2) The Minister may enter into arrangements with— (a) a Minister of the Commonwealth, another State or a Territory; or (b) a University or Institute; or

s7 8 s8 Contaminated Land Act 1991 (c) another body or person; with respect to an investigation, study or research that the Minister considers necessary or desirable for the purposes of this Act. ˙ Application of Act 7. This Act applies to all land, other than land— (a) on which a radioactive substance, within the meaning of the Radioactive Substances Act 1958 , is stored or used under that Act; or (b) that is the subject of a subsisting— (i) mining claim; or (ii) exploration permit; or (iii) mining lease; or (iv) mineral development licence; or (v) other authority; under the Mineral Resources Act 1989 that provides for the rectification or remediation of the land to the extent that contamination of the land is, or is to be, remediated under that Act; or (c) that is the subject of a subsisting— (i) lease; or (ii) licence; or (iii) permit; under the Petroleum Act 1923 that provides for the rectification or remediation of the land to the extent that contamination of the land is, or is to be, remediated under that Act. ˙ Advisory Council 8. The Minister may establish an Advisory Council to carry out the functions set out in section 9.

s 9 9 s 12 Contaminated Land Act 1991 ˙ Functions of Advisory Council 9.(1) The Advisory Council may, of its own motion or at the request of the Minister, consider and make recommendations to the Minister for— (a) the prevention, abatement or mitigation of land contamination; and (b) the preservation, restoration and enhancement of the quality of land that is, or may become, contaminated land. (2) The Advisory Council may invite persons and organisations to make submissions to it relating to its functions. ˙ Proceedings at Advisory Council meetings 10.(1) With the approval of the Minister, the Advisory Council is to meet at such times and places as it considers necessary to make recommendations to the Minister on matters relating to the administration of this Act. (2) Subject to any regulation relating to the proceedings of the Advisory Council, the Advisory Council may regulate its proceedings as it considers appropriate. (3) The Advisory Council is to cause full and accurate minutes to be kept of the proceedings of its meetings. ˙ Committees 11. With the approval of the Minister, the Advisory Council may appoint advisory or technical committees to advise it on matters within the scope of its functions. ˙ Allowances etc. 12. Each member of the Advisory Council and each member of a committee appointed under section 11 is entitled to such allowances and fees as the Governor in Council may from time to time determine.

s 13 10 s 14 Contaminated Land Act 1991 † PART 3—PREVENTION OF LAND CONTAMINATION ˙ Prohibition of land contamination 13.(1) A person must not cause land to become contaminated land. (2) A person who contravenes subsection (1) commits an offence against this Act and is liable to— (a) a maximum penalty of 1 000 penalty units; and (b) a maximum daily penalty of 100 penalty units for each day the offence continues after conviction or after service by the chief executive of notice of contravention of this section. (3) Subsection (1) does not apply to anything done with the express authority of the chief executive or that is expressly authorised to be done by an Act. ˙ Sites for disposal of hazardous substances 14.(1) The Minister may authorise the acquisition of land required for the disposal of hazardous substances. (2) If a person— (a) delivers contaminated soil or a hazardous substance that— (i) is removed from land within a local authority area; and (ii) is delivered to a place operated by, or on behalf of, the local authority; and (iii) is of a standard determined by the chief executive, after consultation with the local authority, as suitable for disposal at such a place; and (b) pays the charges (if any) normally payable by persons depositing such soil or substances at the place; and (c) complies with all reasonable directions by the operator of the place for the deposit of the soil or substances; the local authority, and the operator of the place, must not prevent or refuse

s 15 11 s 16 Contaminated Land Act 1991 to allow the deposit of the soil or substance at the place. Maximum penalty—100 penalty units. (3) A person must not dispose of contaminated soil or a hazardous substance other than at a place approved by the chief executive. Maximum penalty—100 penalty units. (4) A person must not use contaminated soil, a hazardous substance or other contaminated matter from contaminated land without the prior approval of the chief executive. Maximum penalty—100 penalty units. ˙ Services in emergencies 15. The Minister may authorise the establishment of services to assist in the management of hazardous substances in emergency situations. ˙ Special powers of authorised persons where imminent danger 16.(1) Despite anything to the contrary in this Act, if an authorised person reasonably believes that there is, or is likely to be, imminent danger of death or injury to persons or grave risk to the environment because— (a) hazardous substances have been or are being discharged; or (b) a condition of contaminated land is likely to arise; or (c) a hazardous substance appears to have been abandoned or dumped; or (d) a hazardous substance is being handled in a particular way; the authorised person may give to any person such directions, either orally or in writing, as the authorised person considers appropriate to remove, disperse, destroy, dispose of, abate, neutralise or treat any hazardous substance. (2) If a person, who is not the person who caused or permitted the situation described in subsection (1) to arise, incurs costs in complying with a direction under subsection (1), the chief executive must reimburse the costs to the person.

s 17 12 s 17 Contaminated Land Act 1991 (3) If the chief executive has reimbursed costs under subsection (2), the chief executive may recover the costs from a person who caused or permitted the situation described in subsection (1) to arise in a court of competent jurisdiction as a debt due to the State. (4) A person to whom an authorised person gives a direction under this section must not, without reasonable excuse, fail to comply with the direction. Maximum penalty for a contravention of this subsection—100 penalty units. † PART 4—REQUIREMENTS FOR CONTROL OF CONTAMINATED LAND ˙ Notification of contamination 17.(1) An owner or occupier of land or other person who, before the commencement of this section, caused or permitted likely land contamination must notify the chief executive of the existence, or likely existence, of the contaminated land within— (a) a year of the commencement; or (b) 30 days of becoming aware of, or of the likelihood of, the contaminated land; whichever is the later. Maximum penalty—50 penalty units. (2) An owner, occupier or other person who causes or permits land contamination, or causes or permits likely land contamination, after the commencement of this section, must notify the chief executive of the existence of the contaminated land within 30 days of becoming aware of, or of the likelihood of, the contaminated land. Maximum penalty—100 penalty units. (3) An owner or occupier of land who becomes aware that the land is, or is likely to be, contaminated must notify the chief executive within—

s 17 13 s 17 Contaminated Land Act 1991 (a) a year of the commencement of this section; or (b) 30 days of becoming aware; whichever is the later. Maximum penalty—50 penalty units. (4) A local authority, Government department or other statutory authority must notify the chief executive of land within its jurisdiction that is, or is likely to be, contaminated, within— (a) a year of the commencement of this section; or (b) 30 days of its becoming aware of, or of the likelihood of, the contaminated land; whichever is the later. Maximum penalty—50 penalty units. (5) For the purposes of subsection (4), land that is being, or has been, used for a prescribed purpose is taken to be land that is, or is likely to be, contaminated. (6) Subsections (1) to (4) do not require notification of, or of the likelihood of, the particular contamination, of land if the chief executive already has notification. (7) A person must not— (a) make a statement relating to alleged contamination of land that the person knows is false or misleading in a material particular; or (b) omit from a statement made in relation to the alleged contamination of land anything without which the statement is, to the person’s knowledge, misleading in a material particular. Maximum penalty—200 penalty units. (8) A notification under this section must— (a) be in writing; and (b) contain relevant particulars required by the chief executive.

s 18 14 s 19 Contaminated Land Act 1991 ˙ Investigations on direction of chief executive 18. The chief executive may from time to time direct an authorised person to carry out such inspection, investigation and inquiry as the chief executive considers appropriate for the purposes of this Act. ˙ Investigation of sites 19.(1) If the chief executive suspects, on reasonable grounds, that a place may be contaminated land that was contaminated before commencement of this section, the chief executive may by written notice— (a) to a person whom the chief executive suspects has caused or permitted the contamination of the land; or (b) to the owner of the land; or (c) if— (i) the chief executive reasonably believes that the contamination arose because of an approval or action of a local authority that the local authority should have known would result in contamination of the land; or (ii) the land has been recorded in the Contaminated Sites Register as a restricted site and, after the recording, a local authority has given approval for the use of, or activity on, the land contrary to the restriction; or (iii) the land has been recorded in the Contaminated Sites Register and after the recording— (A) the land is being, or has been, used for a prescribed purpose; and (B) the local authority has permitted a use of, or activity on, the land; that results in a hazard to human health or the environment; to the local authority; direct the person, owner or local authority, as the case may be, to provide to the chief executive a site investigation report. (2) If the chief executive suspects, on reasonable grounds, that a place is

s 19 15 s 19 Contaminated Land Act 1991 contaminated land that was contaminated after commencement of this section, the chief executive may by written notice— (a) to a person whom the chief executive suspects has caused or permitted the contamination of the land; or (b) if— (i) when the land was acquired by the owner, the land was recorded in the Contaminated Sites Register as a confirmed site, restricted site or probable site; or (ii) the contamination happened after the acquisition of the land by the owner; to the owner; or (c) if— (i) the chief executive reasonably believes that the suspected contamination arose because of an approval or action of a local authority that the local authority should have known would result in contamination of the land; or (ii) the land has been recorded in the Contaminated Sites Register as a restricted site and, after the recording, a local authority has given approval for the use of, or activity on, the land contrary to the restriction; or (iii) the land has been recorded in the Contaminated Sites Register and after the recording— (A) the land is being, or has been, used for a prescribed purpose; and (B) the local authority has permitted a use of, or activity on, the land; that results in a hazard to human health or the environment; to the local authority; direct the person, owner or local authority, as the case may be, to provide to the chief executive a site investigation report. (3) A site investigation report must be— (a) prepared by a person of prescribed professional standing; and

s 19 16 s 19 Contaminated Land Act 1991 (b) in a form approved by the chief executive. (4) If a site investigation report is not provided as directed in a notice given under subsection (1) or (2), the chief executive may— (a) cause a site investigation report to be prepared; and (b) by written notice, direct the person to whom the notice had been given to pay to the chief executive the cost of the preparation; and (c) recover from the person to whom the notice mentioned in paragraph (b) has been given, the amount set out in the notice in a court of competent jurisdiction as a debt due and owing to the State. (5) Despite subsections (1) and (2), the chief executive may, at any time, cause a site investigation report to be prepared in relation to land suspected by the chief executive of being contaminated land. (6) A person is not required to— (a) comply with a notice under subsection (1) or (2); or (b) pay the costs of the preparation of a site investigation report prepared under subsection (4); if, on appeal by the person, the Planning and Environment Court makes an order that it is satisfied that— (c) the person caused the contamination while acting in accordance with lawful and accepted practices at the time; or (d) the contamination was caused before the commencement of this section and it would not be fair and reasonable for the person to be required to comply with the notice or pay the costs; or (e) the person is unable to pay the costs of obtaining the report; but the person must pay such part of the costs (if any) as the Planning and Environment Court by order determines the person should pay. (7) If the chief executive is not able to recover the costs of the preparation of a site investigation report prepared under subsection (4) or (5), the costs must be paid by— (a) the local authority in which area the land is situated; and (b) the department;

s 20 17 s 20 Contaminated Land Act 1991 in the shares agreed by the Minister and the local authority or, failing agreement, directed by the Minister. (8) A person who fails to comply with a notice under subsection (1) or (2) commits an offence against this Act. Maximum penalty—100 penalty units. (9) A court that convicts a person of an offence against subsection (8) may, as well as the penalty imposed, order the offender to pay the costs, or part of the costs, of preparation of an appropriate site investigation report prepared, or to be prepared, under subsection (4). ˙ Notice to remediate contaminated land 20.(1) If contaminated land has been contaminated before commencement of this section, the chief executive may by written notice— (a) to a person whom the chief executive suspects of having caused or permitted the contamination of the land; or (b) to the owner of the land; or (c) if— (i) the contamination appears to have arisen because of action taken under an approval of a local authority that the local authority should have known would result in contamination of the land; or (ii) the land has been recorded in the Contaminated Sites Register as a restricted site and, after the recording, the local authority has given approval for the use of, or activity on, the land contrary to the restriction; or (iii) the land has been recorded in the Contaminated Sites Register and after the recording— (A) the land is being, or has been, used for a prescribed purpose; and (B) the local authority has permitted a use of, or activity on, the land; that results in a hazard to human health or the environment;

s 20 18 s 20 Contaminated Land Act 1991 to the local authority; direct the person, owner or local authority, as the case may be, to take the remediation measures set out in the notice. (2) If contaminated land has been contaminated after commencement of this section, the chief executive may by written notice— (a) to a person whom the chief executive suspects of having caused or permitted the contamination of the land; or (b) if— (i) when the land was acquired by the owner, the land was recorded in the Contaminated Sites Register as a confirmed site, restricted site or probable site; or (ii) the contamination happened after the acquisition of the land by the owner; to the owner; or (c) if— (i) the contamination appears to have arisen because of action taken under an approval of a local authority that the local authority should have known would result in contamination of the land; or (ii) the land has been recorded in the Contaminated Sites Register as a restricted site and, after the recording, the local authority has given approval for the use of, or activity on, the land contrary to the restriction; or (iii) the land has been recorded in the Contaminated Sites Register and after the recording— (A) the land is being, or has been, used for a prescribed purpose; and (B) the local authority has permitted a use of, or activity on, the land; that results in a hazard to human health or the environment; to the local authority; direct the person, owner or local authority, as the case may be, to take the

s 20 19 s 20 Contaminated Land Act 1991 remediation measures specified in the notice. (3) A person is not required to comply with a notice under subsection (1) or (2) if, on appeal by the person, the Planning and Environment Court makes an order that it is satisfied that— (a) the person caused the contamination while acting in accordance with lawful and accepted practices at the time; or (b) the contamination was caused before the commencement of this section and it would not be fair and reasonable for the person to be required to comply with the notice; or (c) the person is unable to pay the costs of the remediation measures; but the person must pay such part of the costs (if any) as the Planning and Environment Court by order determines the person should pay. (4) A person who fails to comply with a notice under subsection (1) or (2) commits an offence against this Act. Maximum penalty—1 000 penalty units. (5) A court that convicts a person of an offence against subsection (4) may, as well as the penalty imposed, order the offender to pay the costs, or part of the costs, of the remediation measures taken in relation to the site under section 21. (6) The chief executive may set out in the notice conditions, requirements, restrictions, performance standards and levels that the chief executive considers appropriate, including— (a) a condition or requirement that things set out in the notice are to be done to the satisfaction of the chief executive; and (b) a condition or requirement that things set out in the notice are to be done immediately or on a day or within or over a period specified in the notice; and (c) a condition or requirement that remediation measures are to be carried out in stages by a day or within or over a period set out in the notice; and (d) a condition or requirement that a measurement, recording, sample, report, plan, drawing, document, calculation, test, analysis, or thing must be lodged with, or approved by, the chief

s 21 20 s 21 Contaminated Land Act 1991 executive before a remediation measure or thing set out in the notice is carried out. (7) The chief executive may recover reasonable costs incurred by the State in issuing a notice under subsection (1) or (2) from the person to whom the notice is issued in any court of competent jurisdiction as a debt due to the State. (8) For the purposes of subsection (7), reasonable costs include labour, administrative and overhead costs determined on such basis as the chief executive considers appropriate. ˙ Power to remediate contaminated land 21.(1) If— (a) a hazardous substance has been or is being discharged; or (b) a condition of contaminated land is likely to arise; or (c) a hazardous substance appears to have been abandoned or dumped; or (d) a condition of contamination of land has been confirmed; or (e) a notice under section 20 is not complied with; the chief executive may cause such remediation of the site to be conducted as the chief executive considers necessary. (2) Before remediation of a site is carried out under subsection (1), the chief executive must give written notice to the occupier and to the owner of the land setting out— (a) that remediation work is to be carried out; and (b) the nature of the work to be carried out; and (c) the likely times when the work is to be carried out; and (d) if the nature of the work necessitates that persons not be on the land— the day and times when persons must not be on the land. (3) All persons carrying out remediation of a site on behalf of the chief executive may enter the land and do all things necessary to effect the remediation.

s 21 21 s 21 Contaminated Land Act 1991 (4) If a person is on land at a time set out in a notice under subsection (2)(d), a police officer, at the request of an authorised person, may, using such force as is reasonable and necessary— (a) remove the person from the land; and (b) take all reasonable measures to ensure that the person does not enter the land during the times set out in the notice. (5) The chief executive may by written notice to— (a) the person whose action caused the chief executive to take the action; or (b) the owner of the place on which anything mentioned in subsection (1) has happened; or (c) the local authority whose action or approval resulted in the contamination of the land; direct the person, owner or local authority, as the case may be, to pay to the chief executive, within a specified time (not less than 21 days from the giving of the notice) a specified amount that represents the reasonable costs incurred by the State in taking action under subsection (1). (6) For the purposes of subsection (5), reasonable costs include labour, administrative and overhead costs (determined on such basis as the chief executive considers appropriate) incurred because of or attributable to any action taken by the chief executive under subsection (1). (7) If a person or local authority does not comply with the notice within the specified time, the chief executive may recover from the person or authority the amount unpaid by action in a court of competent jurisdiction as a debt due to the State. (8) If action is taken on behalf of the chief executive to execute against property to recover costs under this section, the chief executive is entitled, in priority to all others, other than— (a) a local authority in relation to unpaid rates and charges; or (b) a registered mortgagee under a mortgage that was lodged for registration before particulars of the classification of the land as a contaminated site were recorded in the Contaminated Sites Register;

s 22 22 s 23 Contaminated Land Act 1991 to payment of the unpaid amount from the proceeds of the sale of the property. (9) If the chief executive is not able to recover under subsection (5) the costs of remediation measures taken in relation to contaminated land, the costs must be paid by— (a) the local authority in which area the land is situated; and (b) the department; in the shares agreed by the Minister and the local authority or, failing agreement, directed by the Minister. ˙ Validation report 22.(1) If action has been taken under this Act to remediate a contaminated site— (a) the person who caused the land to be contaminated; or (b) the owner; or (c) the local authority; may, and, if directed by written notice by the chief executive, must, provide a validation report in relation to the site to the chief executive in a form approved by the chief executive. (2) A validation report must be prepared by a person of a prescribed professional standing. (3) The validation report must be assessed by the chief executive and a site contamination report in a form approved by the chief executive is to be provided to the person, owner or local authority providing the report. ˙ Classification of sites 23.(1) The chief executive may, at any time, classify land as— (a) a possible site; or (b) a probable site; or (c) a confirmed site; or (d) a restricted site; or

s 23 23 s 23 Contaminated Land Act 1991 (e) a former site; or (f) a released site. (2) As soon as practicable after classifying land under subsection (1), the chief executive must cause— (a) the prescribed particulars in relation to the land to be recorded in the Contaminated Sites Register; and (b) written notice of the classification to be given to the relevant local authority. (3) As soon as practicable after classifying land under subsection (1) (other than as a possible site), the chief executive must cause written notice of a classification of land to be given to the owner of the land. (4) Land may be classified as a possible site if— (a) the land, or its locality, is reported to be contaminated; or (b) a use of the land may have caused the land to be contaminated; but the land has not been given any other classification under subsection (1). (5) Land may be classified as a probable site if the land is being, or has been, used— (a) for a prescribed purpose; or (b) in a way that is known to have caused, or may have caused, other land to become contaminated land. (6) Land may be classified as a confirmed site if, an assessment by the chief executive demonstrates a level of contamination that, in the opinion of the chief executive, represents a health or environmental hazard. (7) Land may be classified as a restricted site if— (a) the level of contamination of the land is, in the opinion of the chief executive, such that it might permit a limited use or on-site activity; and (b) the limited use or on-site activity of the land is specified in the classification. (8) Land may be classified as a former site if— (a) it was previously classified as a probable site, confirmed site or restricted site; and

s 24 24 s 25 Contaminated Land Act 1991 (b) following action taken to remediate the land, on investigation by the chief executive, the chief executive is satisfied that the land is no longer, contaminated land. (9) Land may be classified as a released site if— (a) the land has been classified as a possible site or a probable site; and (b) on investigation by the chief executive, the chief executive is satisfied that the land is not contaminated land. ˙ Contaminated Sites Register 24.(1) A Contaminated Sites Register is to be maintained in the department. (2) There must be recorded in the register relevant particulars approved from time to time by the chief executive relating to land classified under section 23. (3) A person is entitled, on payment of the prescribed fee and during ordinary office hours, to— (a) inspect; and (b) obtain a copy of; any part of the Contaminated Sites Register other than the part that relates to possible sites. ˙ Records to be maintained by Registrar of Titles and other registrars 25.(1) In relation to land classified under section 23 as probable sites, confirmed sites and restricted sites and recorded in the Contaminated Sites Register, the chief executive must give written notification to the Registrar of Titles or other relevant person charged with recording interests in land that the land has been classified under this Act. (2) The Registrar of Titles or a person charged with recording interests in land is to maintain records that the land set out in an appropriate notification has been classified and that particulars of the classification are available from the Contaminated Sites Register.

s 26 25 s 27 Contaminated Land Act 1991 (3) On land ceasing to be classified as a site mentioned in subsection (1), the chief executive must give written notification to the Registrar of Titles or other relevant person charged with recording interests in land that the land is no longer to be recorded as classified under this Act. (4) The Registrar of Titles or a person charged with recording interests in land is to remove particulars of the land set out in the appropriate notification from the records maintained under subsection (2). ˙ Restriction on use of restricted sites 26.(1) A person must not use a restricted site contrary to a restriction specified in the classification of the site. Maximum penalty—100 penalty units. (2) A local authority must not, through an approval or other authorisation under any Act, facilitate the use of or activity on, a restricted site contrary to a restriction specified in the classification of the site. Maximum penalty—100 penalty units. ˙ Notice of classification of land before disposal 27.(1) Before a person disposes (whether or not for a price) of land that is a probable site, a confirmed site or a restricted site to another person, the person must give written notice to the other person setting out— (a) the classification of the land; and (b) particulars of any current, or unsatisfied, notices given under this Act in relation to the land. (2) Subsection (1) does not apply to the transfer or disposition of land to a person as a beneficiary of a deceased estate.

s 28 26 s 30 Contaminated Land Act 1991 † PART 5—AUTHORISED PERSONS ˙ Authorised persons 28.(1) The chief executive may authorise a person, or a class of persons, to exercise— (a) all the powers conferred by this Act on an authorised person; or (b) any powers conferred by this Act on an authorised person. (2) The chief executive may cause an identity card to be issued to an authorised person. (3) The identity card must— (a) contain a recent photograph of the authorised person; and (b) be in a form approved by the chief executive. (4) A person who ceases to be an authorised person must, as soon as practicable, return his or her identity card to the chief executive. Maximum penalty—10 penalty units. (5) An authorised person may hold an appointment under this Act in conjunction with any other position in the public service or a local authority. ˙ Authorised person to produce identity card 29. An authorised person is not entitled to exercise powers under this Act in relation to another person unless the authorised person first produces the authorised person’s identity card for inspection by the person. ˙ Entry and search—monitoring compliance 30.(1) Subject to subsection (2), an authorised person, for the purpose of finding out whether— (a) land is contaminated land; or (b) a substance is a hazardous substance likely to contaminate land; or (c) any waste or hazardous substance is being, or is likely to be,

s 30 27 s 30 Contaminated Land Act 1991 discharged or deposited; or (d) the requirements of this Act are being complied with; may— (e) enter any place; and (f) exercise the powers set out in section 32. (2) An authorised person must not enter a place, or exercise a power under subsection (1), unless— (a) the place is a place where a substance suspected to be a hazardous substance is stored, processed, treated or handled for industrial or commercial purposes; or (b) an authorised person is of the opinion that there is, or is suspected to be, a hazardous substance stored, processed, treated or handled at the place that is likely to cause imminent danger of death or injury to persons or grave risk to the environment; or (c) the occupier of the place (if any) consents to the entry or boarding or exercise of the power; or (d) a warrant under section 33 authorises the entry or exercise of the power. (3) An authorised person must not exercise a power set out in section 32(b) or (c) unless— (a) the occupier of the land consents; or (b) the occupier of the land, or, if there is no known occupier, the person who appears from the appropriate records to be the owner of the land has been given written notice, not less than 7 days before the proposed exercise of the power, setting out— (i) the land to be entered; and (ii) the action to be taken; and (iii) the name and occupation of the person to exercise the power. (4) If the chief executive believes, on reasonable grounds, that it is necessary to act immediately, and the notice sets out that fact, 7 days notice need not be given.

s 31 28 s 31 Contaminated Land Act 1991 ˙ Entry and search—evidence of offences 31.(1) Subject to subsection (3), if an authorised person has reasonable grounds for suspecting that there is in or on a place a particular thing ( “the evidence” ) that may afford evidence of the commission of an offence against this Act, the authorised person may— (a) enter the place; and (b) exercise the powers set out in section 32. (2) If an authorised person enters or boards the place and finds the evidence, the following provisions have effect— (a) the authorised person may seize the evidence; (b) the authorised person may keep the evidence for 60 days or, if a prosecution for an offence against this Act in the commission of which the evidence may have been used or otherwise involved is instituted within that period, until the completion of the proceeding for the offence and of any appeal from the decision in relation to the proceeding; (c) if the evidence is a document—while the authorised person has possession of the document, the authorised person may take extracts from and make copies of the document, but must allow the document to be inspected at any reasonable time by a person who would be entitled to inspect it if it were not in the authorised person’s possession. (3) An authorised person must not enter the place or exercise a power under subsection (1) unless— (a) the occupier (if any) of the place consents to the entry or exercise of the power; or (b) a warrant under section 34 that was issued in relation to the evidence authorises the entry or exercise of the power. (4) If, in the course of searching the place under subsection (1) under a warrant under section 34, an authorised person— (a) finds a thing that the authorised person believes, on reasonable grounds to be— (i) a thing (other than the evidence) that will afford evidence of

s 32 29 s 32 Contaminated Land Act 1991 the commission of the offence mentioned in subsection (1); or (ii) a thing that will afford evidence of the commission of another offence against this Act; and (b) the authorised person believes, on reasonable grounds, that it is necessary to seize the thing to prevent— (i) its concealment, loss or destruction; or (ii) its use in committing, continuing or repeating the offence mentioned in subsection (1), or the other offence, as the case may be; subsection (2) applies to the thing as if it were the evidence. (5) An authorised person who seizes or damages anything under this section must give written notice of particulars of the thing or damage. (6) The notice must be given to— (a) if anything is seized—the person from whom the thing was seized; or (b) if damage is caused to anything—the person who appears to the authorised person to be the owner. ˙ General powers of authorised person in relation to places 32. The powers an authorised person may exercise under section 30(1)(f) or 31(1)(b) in relation to a place are as follows— (a) to search any part of the place; (b) to take and remove samples of soil, water or another substance; (c) to make studies to assess whether land is contaminated, or is likely to be contaminated by any substance— (i) discharged; or (ii) being discharged; or (iii) likely to be discharged; on the land and to monitor the effect of any such discharge;

s 33 30 s 33 Contaminated Land Act 1991 (d) to do all things necessary to exercise the powers mentioned in paragraph (b); (e) to inspect, examine or capture images of anything in or on the place; (f) to take extracts from, and make copies of, any documents in or on the place; (g) to take into or onto the place such equipment and materials as the authorised person requires for the purpose of exercising any powers in relation to the place. ˙ Monitoring warrants 33.(1) An authorised person may apply to a Magistrate for a warrant under this section in relation to a particular place. (2) Subject to subsection (3), the Magistrate may issue the warrant if the Magistrate is satisfied, by information on oath, that it is reasonably necessary that the authorised person should have access to the place for the purpose of finding out whether the requirements of this Act are being complied with. (3) If the Magistrate requires further information concerning the grounds on which the issue of the warrant is being sought, the Magistrate must not issue the warrant unless the authorised person or some other person has given the information to the Magistrate in the form (either orally or by affidavit) that the Magistrate requires. (4) The warrant must— (a) authorise the authorised person, with such assistance and by such force as is necessary and reasonable— (i) to enter the place; and (ii) to exercise the powers set out in section 32; and (b) state whether the entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and (c) specify the day (not more than 6 months after the issue of the warrant) on which the warrant ceases to have effect; and (d) state the purpose for which the warrant is issued.

s 34 31 s 35 Contaminated Land Act 1991 ˙ Offence related warrants 34.(1) An authorised person may apply to a Magistrate for a warrant under this section in relation to a particular place. (2) Subject to subsection (3), the Magistrate may issue the warrant if the Magistrate is satisfied, by information on oath, that there are reasonable grounds for suspecting that there is, or there may be within the next 72 hours, in or on the place a particular thing ( “the evidence” ) that may afford evidence of the commission of an offence against this Act. (3) If the Magistrate requires further information concerning the grounds on which the issue of the warrant is being sought, the Magistrate must not issue the warrant unless the authorised person or some other person has given the information to the Magistrate in the form (either orally or by affidavit) that the Magistrate requires. (4) The warrant must— (a) authorise the authorised person, with such assistance and by such force as is necessary and reasonable— (i) to enter the place; and (ii) to exercise the powers set out in section 32; and (iii) to seize the evidence; and (b) state whether the entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and (c) specify the day (not more than 7 days after the issue of the warrant) on which the warrant ceases to have effect; and (d) state the purposes for which the warrant is issued. ˙ Grant of warrant by telephone 35.(1) If, because of circumstances of urgency, an authorised person considers it necessary to do so, the authorised person may, under this section, apply by telephone for a warrant under section 34. (2) Before applying for the warrant, the authorised person must prepare an information of the kind mentioned in section 34(2) that sets out the grounds on which the issue of the warrant is sought.

s 35 32 s 35 Contaminated Land Act 1991 (3) If it is necessary to do so, an authorised person may apply for the warrant before the information has been sworn. (4) If the Magistrate is satisfied— (a) after having considered the terms of the information; and (b) after having received such further information (if any) as the Magistrate requires concerning the grounds on which the issue of the warrant is being sought; that there are reasonable grounds for issuing the warrant, the Magistrate may, under section 34, complete and sign such warrant as the Magistrate would issue under that section if the application had been made under that section. (5) If the Magistrate completes and signs the warrant— (a) the Magistrate must— (i) tell the authorised person what the terms of the warrant are; and (ii) tell the authorised person the date on which and the time at which the warrant was signed; and (iii) record on the warrant the reasons for granting the warrant; and (b) the authorised person must— (i) complete a form of warrant in the same terms as the warrant completed and signed by the Magistrate; and (ii) write on the form of warrant the name of the Magistrate and the date on which and the time at which the Magistrate signed the warrant. (6) The authorised person must also, not later than the day after the day of expiry or execution of the warrant (whichever is the earlier), send to the Magistrate— (a) the form of warrant completed by the authorised person; and (b) the information mentioned in subsection (2), which must have been duly sworn. (7) When the Magistrate receives the documents mentioned in

s 36 33 s 36 Contaminated Land Act 1991 subsection (6), the Magistrate must— (a) attach them to the warrant that the Magistrate completed and signed; and (b) deal with them in the way in which the Magistrate would have dealt with the information if the application for the warrant had been made under section 34. (8) A form of warrant duly completed by the authorised person under subsection (5) is authority for any entry, search, seizure or other exercise of a power that the warrant signed by the Magistrate authorises. (9) If— (a) it is material, in a proceeding, for a court to be satisfied that an entry, search, seizure or other exercise of power was authorised by this section; and (b) the warrant completed and signed by the Magistrate authorising the exercise of power is not produced in evidence; the court must assume, unless the contrary is proved, that the exercise of power was not authorised by such a warrant. ˙ Production to authorised person of reports etc. 36.(1) An authorised person may, by written notice, require— (a) the occupier of a place on or from which— (i) a hazardous substance has been, is being or is likely to be discharged; or (ii) a hazardous substance is stored, processed, treated or otherwise handled; to produce to the authorised officer any reports, books, plans, maps or documents relating to— (iii) the discharge from the place of any hazardous substance; or (iv) the storage, processing, treatment or handling of any hazardous substance or data from any monitoring equipment or program; and (b) a person to produce to the authorised person any reports, books,

s 37 34 s 37 Contaminated Land Act 1991 plans, maps or documents in the custody or possession of the person relating to any apparatus, equipment or works used for— (i) the discharge, emission or deposit of any hazardous substance; or (ii) the storage, processing, treatment or handling of any hazardous substance; within a specified time (not less than 10 days from the giving of the notice). (2) An authorised person may take copies of any reports, books, plans, maps or documents produced under this section. (3) A person given a notice under subsection (1) must comply with the notice. Maximum penalty—50 penalty units. ˙ Authorised person may require name and address 37.(1) An authorised person who finds a person committing, or finds a person that the authorised person reasonably suspects of having committed, an offence against this Act may require the person to state the person’s name and address and, if the authorised person has reasonable grounds to believe that the name or address given is false, may require evidence of its correctness. (2) A person who is required under subsection (1) to state the person’s name or address must not, without reasonable excuse— (a) fail to comply with the requirement; or (b) state a false name or address. Maximum penalty—50 penalty units. (3) A person who is required under subsection (1) to give evidence of the correctness of a name or address must not, without reasonable excuse, fail to give the evidence or give false evidence. Maximum penalty—50 penalty units. (4) If— (a) an authorised person makes a requirement under subsection (1) on a suspicion of a person having committed an offence; and

s 38 35 s 39 Contaminated Land Act 1991 (b) the person is not proved to have committed the suspected offence; the person is not guilty of an offence under this section. ˙ Obstruction etc. of authorised persons 38. A person must not, without reasonable excuse, obstruct, hinder or resist an authorised person in the exercise of a power under this Act. Maximum penalty—50 penalty units. ˙ False or misleading statements 39. A person must not— (a) make a statement to an authorised person that the person knows is false or misleading in a material particular; or (b) omit from a statement made to an authorised person any matter or thing without which the statement is, to the knowledge of the person, misleading in a material particular; or (c) give to an authorised person a document containing information that the person knows is false, misleading or incomplete in a material particular without— (i) indicating to the authorised person that the document is false, misleading or incomplete and the respect in which the document is false, misleading or incomplete; and (ii) providing correct information to the authorised person if the person has, or can reasonably obtain, the correct information. Maximum penalty—50 penalty units.

s 40 36 s 40 Contaminated Land Act 1991 † PART 6—APPEALS ˙ Appeal against decision of chief executive or Minister 40.(1) If the chief executive— (a) gives a notice under section 19(1) or (2) directing a site investigation report to be provided; or (b) gives a notice under section 19(4)(c) directing the payment of costs of providing a site investigation report; or (c) gives a notice under section 20(1) or (2) directing the taking of remediation measures; or (d) gives a notice under section 20(6) setting out a condition, requirement, restriction or performance standard or level; or (e) gives a notice under section 21(2) of remediation to be carried out by the chief executive; or (f) gives a notice under section 21(5) directing the payment of costs; or (g) gives a notice under section 22(1) directing a validation report to be provided; or (h) gives notice under section 23(2) of the classification of land; the person or local authority to whom the notice is given may appeal to the Planning and Environment Court (the “Court” ) against the notice. (2) If the Minister gives a direction under section 19(7) or 21(9), the local authority concerned may appeal to the Court against the direction. (3) Jurisdiction is conferred on the Court to hear and determine appeals made to it under this Act. (4) An appeal is to be instituted by written notice of appeal lodged with the Court within 40 days from the giving of the notice or direction, or such longer period as the Court may, in a particular case, allow. (5) The grounds of appeal are to be clearly set out in the notice of appeal. (6) The appellant must, within 7 days of lodging a notice of appeal, serve a copy of the notice on the chief executive or the Minister, as the case may be.

s 41 37 s 42 Contaminated Land Act 1991 ˙ Conduct of appeal 41.(1) The institution and conduct of the appeal under section 40 is to be made— (a) as prescribed and in accordance with the Local Government (Planning and Environment) Act 1990 and the Rules of Court made under that Act in relation to such appeals; and (b) to the extent that the Act or the Rules do not provide, as directed by a Judge constituting the Court. (2) In the appeal, the chief executive is entitled to appear and be heard, either personally or represented by an officer of the department or by counsel or solicitor. (3) Section 7.6 of the Local Government (Planning and Environment) Act 1990 applies to an appeal under this Act. ˙ Decision on appeal 42.(1) On appeal, the Court may— (a) affirm the notice or direction; or (b) set aside the notice or direction; or (c) substitute its own notice or direction for that appealed against; or (d) amend the notice or direction as it considers appropriate. (2) A substituted notice or direction and a notice or direction as amended under subsection (1)(c) or (d) takes effect as if it were a notice or direction of the chief executive or the Minister, as the case may be. (3) A notice or direction made on appeal by the Court is to be given effect by all persons concerned.

s 43 38 s 46 Contaminated Land Act 1991 † PART 7—GENERAL PROVISIONS ˙ Attempts to commit offences 43. A person must not attempt to commit an offence against this Act. Maximum penalty—the penalty prescribed for the offence attempted. ˙ Daily penalty 44. A person who is convicted of an offence against section 14(2), (3) or (4), 16(4), 20(4), 36(3) or 38 is, as well as the penalty prescribed for the offence, liable to a maximum penalty of 5 penalty units for each day the offence continues after— (a) conviction of the offence; or (b) the giving of a written notice by the chief executive to the person alleging the offence and stating that an offender is liable, on conviction, to a penalty for each day the offence continues after the giving of the notice; whichever first happens. ˙ Offence to destroy signs 45. A person must not destroy, pull down, injure, deface or interfere with any notice, order or copy of a provision of this Act or of a regulation displayed on the direction of the Minister or the chief executive for the purposes of this Act. Maximum penalty—10 penalty units. ˙ Proceedings for offences 46.(1) A prosecution for an offence against this Act is to be by way of summary proceedings under the Justices Act 1886 . (2) A prosecution for an offence against section 13 or 26 may be commenced within a year after the chief executive gains knowledge of the offence.

s 47 39 s 49 Contaminated Land Act 1991 ˙ Occupier not to obstruct owner carrying out functions 47.(1) An occupier of land that is the subject of a notice under this Act must not, without reasonable excuse, obstruct, hinder or resist the owner of the land in complying with the notice. Maximum penalty—100 penalty units. (2) On application by an owner of land, a Magistrate, if satisfied that it is necessary for certain action to be taken to comply with the notice, may by written order require the occupier to permit the owner, and persons acting on behalf of the owner, to enter the land and take the action at the times specified in the order. (3) The occupier of the land must comply with the order. Maximum penalty—100 penalty units. (4) An owner of land who is obstructed or hindered by an occupier of the land from complying with a notice under this Act is not liable for the failure to comply with the notice caused by the obstruction or hindrance if the owner shows that the owner— (a) had taken all reasonable steps to comply with the notice; and (b) if appropriate, had taken action under subsection (2). ˙ Notice to obstructing occupier to comply with notice 48.(1) If the chief executive is satisfied that an owner of land has been unable to comply with a notice under this Act because of being obstructed or hindered by the occupier of the land, the chief executive may give to the occupier a notice that could have been given to the owner. (2) The provisions of this Act that apply to the owner of land apply to an occupier given a notice under subsection (1) as if the occupier were the owner. ˙ Occupier of land to supply information on request 49.(1) The chief executive may, at any time, by written notice given to the occupier of a place from which a hazardous substance is being, is suspected or is likely to be, discharged on to land require the occupier to give to the chief executive, within a specified time (not less than 14 days

s 50 40 s 50 Contaminated Land Act 1991 from the giving of the notice), information on the substance and on— (a) the plant in or on the place; and (b) any trade, industry or process carried on at the place; relevant to the substance or discharge. (2) A person given a notice under subsection (1) must comply with the notice. Maximum penalty—100 penalty units. ˙ Secrecy 50.(1) In this section— “court” includes any tribunal, authority or person having power to require the production of documents or the answering of questions; “person to whom this section applies” means a person who is or has been— (a) the chief executive; or (b) an authorised person; or (c) an officer or employee of the department carrying out functions on behalf of the chief executive; “produce” includes permit access to; “protected document” means a document that— (a) contains information that concerns a person; and (b) is obtained or made by a person to whom this section applies in the course of, or because of, the person’s duty under or in relation to the administration of this Act; “protected information” means information that— (a) concerns a person; and (b) is disclosed to, or obtained by, a person to whom this section applies in the course of, or because of, the person’s duties under or in relation to the administration of this Act. (2) A person to whom this section applies must not—

s 51 41 s 51 Contaminated Land Act 1991 (a) make a record of any protected information; or (b) whether directly or indirectly, divulge or communicate to a person any protected information concerning another person; unless the record is made, or the information divulged or communicated— (c) under or for the purposes of the administration of this Act; or (d) in the performance of duties, as a person to whom this section applies, under or in relation to the administration of this Act. Maximum penalty—100 penalty units. (3) Subsection (2) does not prevent a person from divulging or communicating information to the Minister, the chief executive, an authorised person or an officer or employee of the department carrying out functions on behalf of the chief executive for the purpose of the administration of this Act. (4) Subsection (2) does not apply to disclosure of information— (a) for the purposes of this Act; or (b) with the authorisation of the Minister or the chief executive; or (c) ordered by a court to be disclosed for the purposes of proceedings before it; or (d) required by law to be disclosed. ˙ Certain persons liable for offences by bodies corporate 51.(1) If a body corporate is subject to the provisions of this Act, the managing director, manager or other governing officer, by whatever name called, of the body must ensure that the body complies with the provisions. Maximum penalty— (a) if a penalty is prescribed for a contravention of the provision—the penalty; or (b) if a penalty is not prescribed for a contravention of the provision—100 penalty units. (2) It is a defence to a prosecution brought against a person for an offence against subsection (1) to prove—

s 52 42 s 55 Contaminated Land Act 1991 (a) that the failure of the body corporate to comply with a provision of this Act, happened without the person’s consent or connivance; and (b) that the person took all reasonable steps to prevent the failure. ˙ Indemnity 52. An authorised person and a person acting under the direction of an authorised person are indemnified by the State against all actions, proceedings and claims in relation to— (a) acts done, or omitted to be done, by the person without negligence under this Act; and (b) acts done, or omitted to be done, by the person in good faith and without negligence for the purposes of this Act. ˙ Chief executive not required to act 53. Nothing in this Act is to be read as requiring the chief executive to give a notice or to carry out— (a) remediation of any land; or (b) remediation to a standard other than one that the chief executive considers appropriate. ˙ Delegation 54. The chief executive may delegate all or any of the powers of the chief executive under this Act or the Local Government (Planning and Environment) Act 1990 to an officer or officer of the public service or employee of the department. ˙ Certain notices and directions to contain statement of right to appeal 55. A notice or direction mentioned in section 40(1), and a direction mentioned in section 40(2), must contain a statement that section 40 confers a right of appeal to the Planning and Environment Court.

s 56 43 s 57 Contaminated Land Act 1991 ˙ Regulations 56.(1) The Governor in Council may make regulations, not inconsistent with this Act, with respect to any matter that— (a) is required or permitted to be prescribed by this Act; or (b) is necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) Without limiting subsection (1), regulations may be made with respect to the matters set out in the Schedule including regulating or controlling persons and things in relation to those matters. (3) A regulation may impose a maximum penalty of not more than 200 penalty units for a contravention of a regulation. ˙ Evidentiary provisions 57.(1) In a proceeding under or for a purpose of this Act— (a) it is not necessary to prove the appointment of an authorised person; and (b) a signature purporting to be that of the chief executive, an authorised person or analyst is prima facie evidence of the signature it purports to be; and (c) the authority of a person authorised by the chief executive to take any proceedings is presumed unless the contrary is proved; and (d) a certificate purporting to be signed by the chief executive stating that it is a copy of a notice, order or requirement under this Act is prima facie evidence of the matter stated in the certificate; and (e) a certificate purporting to be signed by the chief executive stating that it is a copy of a part of a register kept under this Act is prima facie evidence of the matter stated in the certificate; and (f) a certificate purporting to be signed by the chief executive that on a day or during a period mentioned in the certificate— (i) a person was or was not a person given a notice under this Act; or (ii) conditions specified in the certificate were attached to a

s 57 44 s 57 Contaminated Land Act 1991 notice given under this Act; is, on its production, prima facie evidence of the matters stated in the certificate; and (g) the averment in a complaint of the date on which the commission of an offence against this Act came to the knowledge of the chief executive is prima facie evidence of the matter; and (h) the production by the prosecutor of a certificate purporting to be signed by an analyst and stating— (i) that the analyst received from the person named in the certificate the sample referred to in the certificate; and (ii) that the analyst analysed the sample on the day and at the place named in the certificate; and (iii) the results of the analysis; is prima facie evidence of the matters contained in the certificate. (2) Subsection (1)(h) does not apply if the defendant gives notice to the prosecutor, not less than 7 days before the hearing of the proceeding, that the defendant requires that the analyst be called as a witness.

45 Contaminated Land Act 1991 ¡ SCHEDULE † SUBJECT MATTER FOR REGULATIONS section 56 1. Management and operation of registers under this Act. 2. Fees, charges and costs payable under this Act. 3. Studies to be carried out, and records to be maintained, by occupiers of places. 4. Types, and operation and maintenance, of control equipment to be used in or on places. 5. Assistance, access and facilities to be provided to authorised officers by occupiers of places in relation to examinations, inspections and tests for the purposes of this Act. 6. Methods of taking, preserving and transporting samples and making tests, measurements and analyses for the purposes of this Act. 7. Returns of information, statistics and data relating to land quality and land contamination. 8. Land quality objectives, land management quality plans, land quality criteria and land quality standards. 9. Qualifications of persons operating works or control equipment for the prevention, abatement or mitigation of land contamination. 10. Conditions for the use of, and activities on, contaminated land. 11. Prevention, abatement and mitigation of land contamination caused by the accidental discharge of wastes to land, and methods of removal, dispersal and rendering harmless of discharges. 12. Transport, storage and disposal of hazardous substances or contaminated land. 13. Control of land contamination.

46 Contaminated Land Act 1991 † ENDNOTES ´ 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 ´ 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 13 August 1996. Future amendments of the Contaminated Land Act 1991 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 ´ AIA amd ch def div exp gaz hdg ins lap notfd om o in c p para prec pres prev = = = = = = = = = = = = = = = = = = Key Key to abbreviations in list of legislation and annotations Acts Interpretation Act 1954 amended chapter definition division expires/expired gazette heading inserted lapsed notified omitted order in council page paragraph preceding present previous (prev) proc prov pt pubd R[X] RA reloc renum rep s sch sdiv SIA SL sub unnum = = = = = = = = = = = = = = = = = previously proclamation provision part published Reprint No.[X] Reprints Act 1992 relocated renumbered repealed section schedule subdivision Statutory Instruments Act 1992 subordinate legislation substituted unnumbered

47 Contaminated Land Act 1991 ´ 4 Table of earlier reprints TABLE OF EARLIER REPRNTS [If a reprint number includes an arabic letter, the reprint was released in unauthorised, electronic form only] Reprint No. Amendments included Reprint date 1 to Act No. 36 of 1992 3 July 1992 2 to Act No. 68 of 1992 16 November 1993 ´ 5 Tables in earlier reprints Name of table TABLES IN EARLIER REPRINTS Renumbered provisions Reprint No. 1 ´ 6 List of legislation Contaminated Land Act 1991 No. 96 date of assent 11 December 1991 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 1992 (1992 SL No. 188) as amended by— Statute Law (Miscellaneous Provisions) Act 1992 No. 36 ss 1–2 sch 2 date of assent 2 July 1992 s 2 sch 2 amendment 1 commenced 1 July 1992 (see s 2 sch 2) remaining provision commenced on date of assent Statute Law (Miscellaneous Provisions) Act (No. 2) 1992 No. 68 ss 1–3 sch 1 date of assent 7 December 1992 commenced on date of assent Statute Law (Miscellaneous Provisions) Act 1994 No. 15 ss 1–3 sch 1 date of assent 10 May 1994 commenced on date of assent Mineral Resources Amendment Act 1995 No. 21 ss 1–2, 107 sch 2 date of assent 11 April 1995 ss 1–2 commenced on date of assent remaining provisions commenced 1 May 1995 (1995 SL No. 117)

48 Contaminated Land Act 1991 ´ 7 List of annotations Definitions s 4 def “approved” amd 1992 No. 68 s 3 sch 1 def “authorised person” amd 1992 No. 68 s 3 sch 1 def “chief executive” ins 1992 No. 68 s 3 sch 1 def “contaminated land” amd 1992 No. 68 s 3 sch 1 def “Director” sub 1992 No. 36 s 2 sch 2 om 1992 No. 68 s 3 sch 1 def “local authority” om 1992 No. 68 s 3 sch 1 def “prescribed purpose” ins 1994 No. 15 s 3 sch 1 Administration of Act s 6 amd 1992 No. 68 s 3 sch 1 Allowances etc. s 12 amd 1992 No. 68 s 3 sch 1 Prohibition of land contamination s 13 amd 1992 No. 68 s 3 sch 1 Sites for disposal of hazardous substances s 14 amd 1992 No. 68 s 3 sch 1 Special powers of authorised persons where imminent danger s 16 amd 1992 No. 68 s 3 sch 1; 1994 No. 15 s 3 sch 1 Notification of contamination s 17 amd 1992 No. 68 s 3 sch 1 Investigations on direction of chief executive prov hdg amd 1992 No. 68 s 3 sch 1 s 18 amd 1992 No. 68 s 3 sch 1 Investigation of sites prov hdg amd 1994 No. 15 s 3 sch 1 s 19 amd 1992 No. 68 s 3 sch 1; 1994 No. 15 s 3 sch 1 Notice to remediate contaminated land s 20 amd 1992 No. 36 s 2 sch 2; 1992 No. 68 s 3 sch 1; 1994 No. 15 s 3 sch 1 Power to remediate contaminated land s 21 amd 1992 No. 68 s 3 sch 1 Validation report s 22 amd 1992 No. 68 s 3 sch 1 Classification of sites s 23 amd 1992 No. 68 s 3 sch 1; 1994 No. 15 s 3 sch 1 Contaminated Sites Register s 24 amd 1992 No. 68 s 3 sch 1 Records to be maintained by Registrar of Titles and other registrars s 25 amd 1992 No. 68 s 3 sch 1

49 Contaminated Land Act 1991 Authorised persons s 28 amd 1992 No. 68 s 3 sch 1 Entry and search—monitoring compliance s 30 amd 1992 No. 68 s 3 sch 1; 1994 No. 15 s 3 sch 1 General powers of authorised person in relation to places s 32 amd 1994 No. 15 s 3 sch 1 Appeal against decision of chief executive or Minister prov hdg amd 1992 No. 68 s 3 sch 1 s 40 amd 1992 No. 68 s 3 sch 1 Conduct of appeal s 41 amd 1992 No. 68 s 3 sch 1 Decision on appeal s 42 amd 1992 No. 68 s 3 sch 1 Daily penalty s 44 amd 1992 No. 68 s 3 sch 1; 1994 No. 15 s 3 sch 1 Offence to destroy signs s 45 amd 1992 No. 68 s 3 sch 1 Proceedings for offences s 46 amd 1992 No. 68 s 3 sch 1 Occupier not to obstruct owner carrying out functions s 47 amd 1994 No. 15 s 3 sch 1 Notice to obstructing occupier to comply with notice s 48 amd 1992 No. 68 s 3 sch 1 Occupier of land to supply information on request s 49 amd 1992 No. 68 s 3 sch 1 Secrecy s 50 amd 1992 No. 68 s 3 sch 1 Certain persons liable for offences by bodies corporate s 51 amd 1994 No. 15 s 3 sch 1 Chief executive not required to act prov hdg amd 1992 No. 68 s 3 sch 1 s 53 amd 1992 No. 68 s 3 sch 1 Delegation s 54 sub 1992 No. 68 s 3 sch 1 amd 1995 No. 21 s 107 sch 2 Evidentiary provisions s 57 amd 1992 No. 68 s 3 sch 1 © State of Queensland 1996