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Environment Protection Act 1997
91DOrder to remediate land
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91D Order to remediate land
(1) If the authority has reasonable grounds for believing that the land to
which the audit relates is contaminated in such a way as to cause, or
be likely to cause, either a significant risk of harm to human health or
a significant risk of material environmental harm or serious
environmental harm, or both, the authority may—
(a) by written notice served on an appropriate person, order the
appropriate person to remediate the land; or
(b) itself conduct the remediation.
(2) An order under subsection (1) must —
(b) specify—
(i) the person or people to whom the order relates; and
(ii) the land to which the order relates; and
(iii) the period within which the remediation is to be conducted;
and
(iv) the nature of the contamination that the authority has
reasonable grounds for believing is causing, or is likely to
cause, a significant risk of harm to human health or a
environmental harm; and
(v) the action that the person subject to the order must take in
remediating and reporting; and
(vi) any other requirements the authority considers appropriate
having regard to the nature and extent of the contamination
and the physical attributes of the land.
(3) The action that may be required to be taken under
subsection (2) (b) (vi) includes, but is not limited to, the following
actions:
(a) that the person serve notice of the order on the occupiers of land
access to which is necessary for the person to carry out the
remediation and, if an occupier is not—
(i) the lessee of the land—serve notice on the lessee; or
(ii) for land under a land sublease, the sublessee—serve notice
on the sublessee;
(b) that the person make progress reports to the authority on the
remediation;
(c) that the person advertise and conduct meetings to give progress
reports to the public, and to receive public comment, on the
remediation.
(4) A person to whom an order is given under subsection (1) must—
(a) conduct the remediation—
(i) within the period specified in an order under
(ii) in accordance with the prescribed standards and procedures
for carrying out remediation, including standards and
procedures specified in a relevant national environment
protection measure; and
(iii) otherwise in accordance with the terms of the order; and
(b) commission an environmental audit of the remediation by an
auditor approved under section 75.
(5) In preparing a report of an audit for this section, the auditor
commissioned to conduct the audit of the remediation must have
regard to—
(b) the permitted and approved uses of the land to which the
remediation relates; and
(c) the degree or extent of contamination; and
(d) any relevant environmental protection policies; and
(e) any relevant national environment protection measures.
(6) For subsection (4) (b), the person to whom the order is given must
submit the name of an auditor to the authority for approval within
10 working days of the date of the order.
(7) Despite section 75, the authority must not approve an auditor for this
section unless the auditor meets the prescribed criteria.
(8) The lessee (or for land under a land sublease, the sublessee) of land
to whom an order is given under subsection (1) must not, without the
consent of the authority, transfer or sublet the land while the order is
in force.
(9) A person who, without reasonable excuse, contravenes subsection (4)
commits an offence.