NSWIn ForceAct
Contaminated Land Management Act 1997
44Amendment or repeal of orders and notices
Start here
Get a plain-English read of 44
Turn the raw legal text into a practical explanation grounded in Contaminated Land Management Act 1997.
#### 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 (1) An order or notice under this Part (the original instrument) may be amended or repealed by one or more subsequent orders or notices (the amending instrument).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 \[9\].