Section 60 - Contaminated Land Management Act 1997 - Duty to report contamination

60Duty to report contamination

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60 Duty to report contamination

(1) A person whose activities have contaminated land must notify the EPA in writing in accordance with this section that the land has been so contaminated.

Maximum penalty—

(a) for a corporation—$2,000,000 and, for a continuing offence, a further penalty of $240,000 for each day the offence continues, or

(b) for an individual—$500,000 and, for a continuing offence, a further penalty of $120,000 for each day the offence continues.

(2) An owner of land that has been contaminated (whether before or during the owner’s ownership of the land) must notify the EPA in writing in accordance with this section that the land has been so contaminated.

Maximum penalty—

(a) for a corporation—$2,000,000 and, for a continuing offence, a further penalty of $240,000 for each day the offence continues, or

(b) for an individual—$500,000 and, for a continuing offence, a further penalty of $120,000 for each day the offence continues.

(3) A person is required to notify the EPA under subsection (1) or (2) only if—

(a) each of the following is true—

(i) the substance contaminating the land (the contaminant) or any by-product of the contaminant has entered or will foreseeably enter neighbouring land, the atmosphere, groundwater or surface water,

(ii) the regulations prescribe for the purposes of this subparagraph, or the guidelines specify, a level of the contaminant or by-product in the neighbouring land, atmosphere, groundwater or surface water,

(iii) the level of the contaminant or by-product after that entry is, or will foreseeably be, above the level prescribed or specified and will foreseeably continue to remain above that level, or

(b) a guideline specifies a level of the contaminant in soils with respect to a current or approved use of the land and the level of the contaminant on or in any part of the soil on that land is equal to or above that specified in the guideline and a person has been, or foreseeably will be, exposed to the contaminant or any by-product of the contaminant, or

(c) the contamination meets any other criteria that may be prescribed by the regulations for the purposes of this subsection.