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Environment Protection Act 2017
213Withdrawal, amendment or issue of new preliminary risk screen assessment statement or environmental audit statement
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213 Withdrawal, amendment or issue of new preliminary risk screen assessment statement or environmental audit statement
(1) If an environmental auditor believes that the environmental auditor has issued a preliminary risk screen assessment statement or an environmental audit statement that is incorrect, the environmental auditor may withdraw the preliminary risk screen assessment statement or the environmental audit statement and either—
(a) conduct another preliminary risk screen assessment and issue a new preliminary risk screen assessment statement or conduct another environmental audit and issue a new environmental audit statement; or
(b) issue a new preliminary risk screen assessment statement or a new environmental audit statement.
(2) Despite subsection (1), an environmental auditor may amend a preliminary risk screen assessment statement or an environmental audit statement to correct—
(a) any clerical mistake or an unintentional error or omission; or
(b) any figure that is miscalculated; or
(c) any misdescription of any person, thing or property.
(3) If an environmental auditor withdraws a preliminary risk screen assessment statement or an environmental audit statement under subsection (1), the environmental auditor must, within 5 business days of the withdrawal, notify the Authority and—
(a) if the audit relates to a risk of harm to human health or the environment from contaminated land or potentially contaminated land, the relevant planning authority and the responsible authority within the meaning of the **Planning and Environment Act 1987**; or
(b) if required by the Authority, the relevant planning authority and the responsible authority within the meaning of the **Planning and Environment Act 1987**.
(4) If an environmental auditor has issued a new preliminary risk screen assessment statement or a new environmental audit statement under subsection (1)(b) or amended a preliminary risk screen assessment statement or an environmental audit statement under subsection (2), the environmental auditor must, within 5 business days of amending or issuing it, send a copy of the amended or new preliminary risk screen assessment statement or the amended or new environmental audit statement to—
(b) the relevant planning authority within the meaning of the **Planning and Environment Act 1987**; and
(c) the responsible authority within the meaning of the **Planning and Environment Act 1987**.
(5) If an environmental auditor is for any reason unable to perform the functions and duties of an environmental auditor during the environmental auditor's appointment, the Authority may withdraw a preliminary risk screen assessment statement or an environmental audit statement issued by the environmental auditor that is incorrect.
(6) If the Authority withdraws an incorrect preliminary risk screen assessment statement or an incorrect environmental audit statement under subsection (5), the Authority must, within 5 business days of the withdrawal, notify the relevant planning authority and the responsible authority within the meaning of the **Planning and Environment Act 1987** of the withdrawal.
(7) Subsection (6) does not apply if the relevant planning authority and the responsible authority have not been sent a copy of the withdrawn preliminary risk screen assessment statement or environmental audit statement under section 205(2) or 210(2).
S. 214 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).
214 Obligation of person in management or control to provide copy of preliminary risk screen assessment statement or environmental audit statement
(1) If a preliminary risk screen assessment statement or an environmental audit statement has been issued in respect of a site, the person in management or control of the site must provide a copy of the preliminary risk screen assessment statement or the environmental audit statement (as the case requires) to any person who proposes to become the person in management or control of the site.
(2) If a person who previously had management or control of a site fails to comply with subsection (1), the person who currently has management or control of the site may, within 12 months of becoming the person in management or control, recover in a Court from the person who previously had management or control, any reasonable costs incurred in complying with the preliminary risk screen assessment statement or the environmental audit statement.
S. 215 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).