Lake Macquarie Smelter Site (Perpetual Care of Land) Act 2019 (NSW)

Lake Macquarie Smelter Site (Perpetual Care of Land) Act 2019 No 9

An Act to provide for the long-term management of certain contaminated land at Lake Macquarie; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Lake Macquarie Smelter Site (Perpetual Care of Land) Act 2019.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Definitions (1) In this Act— containment cell means the containment cell of around 20 hectares on Lot 599 DP 1228699 that contains material contaminated with heavy metals including lead. containment cell site means that part of the former smelter site on which the containment cell and associated water treatment plant are located. contaminated land means the following— (a) the containment cell site, (b) land forming part of the former smelter site that, immediately before 31 August 2018, was within Zone E2 Environmental Conservation under Lake Macquarie Local Environmental Plan 2014, (c) any land forming part of the former smelter site that has not been remediated by— (i) removing, dispersing, destroying, reducing, mitigating or containing any contamination of the land, or (ii) eliminating or reducing any hazard arising from any contamination of the land (including by preventing the entry of persons or animals onto the land). contamination of land has the same meaning as in the Contaminated Land Management Act 1997. Development Corporation means the Hunter and Central Coast Development Corporation constituted under the Growth Centres (Development Corporations) Act 1974. former smelter site means land at Lake Macquarie, being Lot 599 DP 1228699, Lot 1 DP 225720, Lot 51 DP 1229360 and Lot 23 DP 251322. function includes a power, authority or duty, and exercise a function includes perform a duty. government agency means— (a) a Public Service agency within the meaning of the Government Sector Employment Act 2013, or (b) a NSW Government agency, or (c) a State owned corporation within the meaning of the State Owned Corporations Act 1989, or (d) a council, county council or joint organisation within the meaning of the Local Government Act 1993, or (e) any other public or local authority constituted by or under an Act, or (f) any person or body declared by the regulations to be a government agency. notification day means the day on which a notice of motion to introduce the Lake Macquarie Smelter Site (Perpetual Care of Land) Bill 2019 was first given in a House of Parliament.