ACTIn ForceAct
Environment Protection Act 1997
21ARegister of contaminated sites
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21A Register of contaminated sites
(1) The authority must keep a register of contaminated sites.
(2) The register—
(a) may be in electronic form; and
Register of contaminated sites Division 2.3
(b) must contain particulars of land in relation to—
(i) an order under section 91C (1) (Order to assess whether
land contaminated), section 91D (1) (Order to remediate
land) or section 125 (2) or (3) (Environment protection
orders); and
(ii) a requirement to commission an environmental audit under
section 76 (2) (Authority may require environmental
audit); and
(iii) a notice under section 76A (1) (Requests for auditor’s
statements) not relating to an order or requirement
mentioned in subparagraph (i) or (ii).
(3) The authority must make an entry in the register—
(a) for an order under section 91D (1)—if satisfied that the
remediation of the land has been conducted as mentioned in
section 91D (4) (a); and
(b) for an order under section 125 (2) or (3)—if the authority is no
longer satisfied as mentioned in that section, or the order is
revoked, whichever happens first.
(4) The authority must remove an entry from the register—
(a) for an entry made under subsection (2) (b) (i) in relation to an
order under section 91C (1)—within 60 days after receiving an
environmental audit of assessment under section 91C in relation
to the entry unless the authority has, within that period, made an
order under section 91D (1) or section 125 (2) or (3); or
(b) for an entry made under subsection (2) (b) (ii) or (iii)—within
60 days after receiving the audit required under section 76 (2) or
the site audit statement mentioned in section 76A (2) in relation
to the entry unless, within that period—
(i) the authority has entered into an environmental protection
agreement under section 38 (Entering agreements); or
(ii) a condition or annotation has been included on the crown
lease or title for the land in relation to the environmental
audit; or
(c) in any case—if the authority decides, based on advice from an
approved auditor under section 75 (Certain auditors to be
approved), that ongoing management of the land is no longer
required.
(5) As soon as practicable after entering particulars of land in the register
or removing an entry from the register, the authority must give written
notice of the entry or removal to—
(a) the territory planning authority; and
(b) if the land is in a designated area—the national capital authority.
designated area—see the Australian Capital Territory (Planning and
Land Management) Act 1988 (Cwlth), section 4, definition of
Designated Area.