44Amendment or repeal of orders and notices

44 Amendment or repeal of orders and notices

44 Amendment or repeal of orders and notices

(1) An order or notice under this Part (the original instrument) may be amended or repealed by one or more subsequent orders or notices (the amending instrument).

(2) 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.

(3) 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.

s 44: Subst 2008 No 111, Sch 1 [9].