40Duty to notify of contaminated land

40 Duty to notify of contaminated land (1) A person in management or control of land must notify the Authority if the land has been contaminated by notifiable contamination as soon as practicable after the person becomes aware of, or reasonably should have become aware of, the notifiable contamination. Section 314 provides that subsection (1) is a civil penalty provision. The penalty for contravention of this civil penalty provision is set out in the table in section 314. (2) A person commits an offence if the person contravenes subsection (1). (3) For the purposes of subsection (1), whether a person in management or control of land becomes aware of, or reasonably should have become aware of, notifiable contamination is determined having regard to— (a) the person's skills, knowledge and experience; and (b) whether the person could practicably seek advice regarding the contamination; and (c) any other circumstances of the contamination. (4) Subsection (1) does not apply if— (a) the person who is required to notify the Authority under subsection (1) is aware that a notification has already been made to the Authority in accordance with this section; or (b) the notifiable contamination is a prescribed exempt notifiable contamination. S. 41 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).