Contaminated Sites Act 2003 (WA)

Western Australia Contaminated Sites Act 2003 Western Australia Contaminated Sites Act 2003 Contents Part 1 — Preliminary 1. Short title 2 2. Commencement 2 3. Terms used in this Act 2 4. Meaning of "contaminated" 5 5. Meaning of "owner" 5 6. Meaning of "owner, occupier, mortgagee or lessee of a site" 6 7. State bound 6 8. Object and principles of Act 6 9. Effect on other laws 7 10. Exemptions from Act 7 Part 2 — Reporting, classifying and recording sites Division 1 — Reporting of sites 11. Reporting of known, or suspected, contaminated sites 10 12. Programme for reporting sites 11 Division 2 — Classification of sites 13. CEO to classify sites 13 14. Classification of reported sites 14 15. Notice of classification is to be given 14 16. Site classified as possibly contaminated — investigation required 16 17. Database and records to be adjusted 16 Division 3 — Appeals against classification 18. Appeals against classification 17 Division 4 — Contaminated sites database and other records 19. Contaminated sites database — public access 18 20. Other records to be kept 18 21. Public access to records 19 Part 3 — Remediation of contaminated sites Division 1 — Person responsible for remediation 22. Reference to person responsible for remediation includes all persons responsible 20 23. Sites classified as contaminated — remediation required are to be remediated 20 24. Who is responsible for remediation — hierarchy of responsibility 20 25. Person who caused, or contributed to, contamination — responsibility for remediation 21 26. Person who changes use of land — responsibility for remediation 22 27. Land owners — responsibility for remediation 23 28. Insolvent bodies corporate — responsibility for remediation 25 29. State — responsibility for remediation 27 30. Responsibility for remediation may be transferred 29 31. Mortgagee — responsibility for remediation 31 32. Orphan sites 31 Division 2 — Contaminated Sites Committee 33. Contaminated Sites Committee 33 34. Procedure of committee 33 Division 3 — Decisions as to responsibility for remediation 35. Decisions as to responsibility for remediation 34 36. Committee to make decisions as to responsibility for remediation 34 37. Notice to be given before decision made 34 38. Matters to be taken into account in making a decision as to responsibility for remediation 36 39. Notice of decision to be given 36 40. Appeal from decision as to responsibility for remediation 37 Part 4 — Investigation, clean up and hazard abatement notices Division 1 — General 41. Meaning of "notice" in this Part 38 42. Person to whom a notice may be given 38 43. Notice to be complied with 39 44. Auditor's report in relation to notice 40 45. Cancellation of notices 40 46. Notice may be amended, or additional notice may be given 41 Division 2 — Person on whom notice is binding 47. Person on whom notice is binding 41 48. Certain notices binding on new owners 41 Division 3 — Types of notices 49. Investigation notice 42 50. Clean up notice 44 51. Hazard abatement notice 46 Division 4 — Appeals from notices 52. Appeals from notices 47 Part 5 — Provisions relating to remediation and notices Division 1 — Powers of CEO in respect of remediation, investigation and ensuring compliance with notices 53. Powers in respect of remediation, investigation and ensuring compliance with notices 48 54. Where entry to a site, or the taking of action, to comply with notice or to remediate refused 50 Division 2 — Recovery of cost, and liability for losses, in some circumstances 55. State may recover cost in some circumstances 52 56. Person may recover cost in some circumstances 53 57. Liability for losses 54 Division 3 — Memorials 58. Memorial is to be lodged if notice given, or land classified as contaminated 55 59. Notice of memorial to be given 58 Division 4 — Contaminated Sites Management Account 60. Contaminated Sites Management Account 58 Part 6 — Certificates of contamination audit, exemption certificates and disclosure statements Division 1 — Interpretation 61. Meaning of "land" in this Part 61 Division 2 — Certificate of contamination audit 62. Request for certificate of contamination audit 61 63. Certificate of contamination audit 62 Division 3 — Disclosure regarding contamination, and exemption certificates 64. Disclosure statement made within 2 years of commencement of Act 64 65. Exemption certificates 66 66. Cancellation or amendment of exemption certificate 67 67. Appeals regarding exemption certificates 68 68. Disclosure required to potential owners of certain land before change of ownership occurs 69 Part 7 — Contaminated sites auditors Division 1 — Accreditation 69. Accredited auditors 70 70. Authority of accredited auditor 70 71. Offences relating to accreditation 70 72. No action may be taken with respect to accreditation 71 Division 2 — Mandatory auditor's reports 73. Certification of mandatory auditor's reports 71 74. Offences relating to mandatory auditor's reports 72 75. Self‑incriminatory information not exempt 73 76. Use of information 73 Part 8 — Appeals Division 1 — Appeals from decisions of the committee 77. Appeals as to responsibility for remediation and exemption certificates 74 78. Supreme Court to hear and determine appeals on questions of law 74 Division 2 — Other appeals 79. Lodging of appeals under section 18 or 52 75 80. Preliminary action in respect of certain appeals 76 81. Reports under section 80 76 82. Decision of committee 76 83. Implementation by CEO of decisions on appeal 77 Part 9 — Enforcement 84. Who can take proceedings for offences 78 85. Time for bringing prosecutions 78 86. Evidentiary provisions 79 87. Daily penalties 79 88. Attempt, incitement and accessory after the fact 80 89. Inspectors, authorised officers and analysts 80 90. Additional powers available to the court 81 Part 10 — General 91. Delegation 82 92. Other provisions of EP Act apply 82 93. CEO may request information on wells 82 94. False or misleading information 83 95. Victimisation 84 96. Confidentiality 85 97. Guidelines 86 98. Regulations 87 99. Review of Act 88 Schedule 1 — Classification of sites Schedule 2 — Matters in respect of which regulations may be made Division 1 — General Division 2 — Auditors and audits Notes Compilation table 93 Defined terms Western Australia Contaminated Sites Act 2003 An Act providing for the identification, recording, management and remediation of contaminated sites, to consequentially amend certain other Acts and for related purposes.