NSWIn ForceAct
Contaminated Land Management Act 1997
108Service of documents
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#### 108 Service of documents
108 Service of documents
> > (1) A document authorised or required by this Act or the regulations to be served on a person may be served in any of the following ways—
> >
> > > (a) for service on an individual—
> > >
> > > > (i) by personal delivery to the individual, or
> > >
> > > > (ii) if the individual’s address for service includes a document exchange address in New South Wales—by leaving a copy of the document, addressed to the individual, at the document exchange in accordance with the usual arrangements for the exchange, or
> > >
> > > > (iii) by post to—
> > > >
> > > > > (A) the address specified by the individual for service of documents generally or documents of that kind, or
> > > >
> > > > > (B) if the individual has not specified an address for service—the residential or business address of the individual last known to the person serving the document, or
> > >
> > > > (iv) by leaving a copy of the document, addressed to the individual—
> > > >
> > > > > (A) at the address specified by the individual for service of documents generally or documents of that kind, or
> > > >
> > > > > (B) if the individual has not specified an address for service—at the residential or business address of the individual last known to the person serving the document, or
> > >
> > > > (v) if the individual has consented, whether explicitly or impliedly, to service of documents generally or documents of that kind by means of electronic communication—by means of electronic communication, or
> > > >
> > > > Examples of impliedly consenting to service of documents by means of electronic communication—
> > > >
> > > > previously using email to correspond with the EPA or including the individual’s email address on applications made, or other documents given, to the EPA
> > >
> > > > (vi) in another way authorised by the regulations for the service of documents generally or documents of that kind,
> >
> > > (b) for service on another person—
> > >
> > > > (i) by post to—
> > > >
> > > > > (A) the address specified by the person for service of documents generally or documents of that kind, or
> > > >
> > > > > (B) if the person has not specified an address for service—the business address of the person last known to the person serving the document, or
> > >
> > > > (ii) if the person’s address for service includes a document exchange address in New South Wales—by leaving a copy of the document, addressed to the person, at the document exchange in accordance with the usual arrangements for the exchange, or
> > >
> > > > (iii) by leaving a copy of the document, addressed to the person—
> > > >
> > > > > (A) at the address specified by the person for service of documents generally or documents of that kind, or
> > > >
> > > > > (B) if the person has not specified an address for service—at the business address of the person last known to the person serving the document, or
> > >
> > > > (iv) if the person has consented, whether explicitly or impliedly, to service of documents generally or documents of that kind by means of electronic communication—by means of electronic communication, or
> > > >
> > > > Examples of impliedly consenting to service of documents by means of electronic communication—
> > > >
> > > > previously using email to correspond with the EPA or including the person’s email address on applications made, or other documents given, to the EPA
> > >
> > > > (v) in another way authorised by the regulations for the service of documents generally or documents of that kind.
>
> > (2) Nothing in this section affects the operation of another law, including the rules of a court, authorising a document to be served on a person in another way.
>
> > (3) In this section—
> >
> > electronic communication has the same meaning as in the [Electronic Transactions Act 2000](/view/html/inforce/current/act-2000-008).
> >
> > serve includes give, issue, notify and send.
>
> **s 108:** Am 2008 No 111, Sch 1 \[49\]. Subst 2017 No 21, Sch 1 \[8\]; 2024 No 20, Sch 1\[8\].