74DContent of notices generally

74D Content of notices generally

(1)  A notice must specify –

(a) the area of land to which it applies; and

(b) the name and address of every person to be served with the notice; and

(c) either –

(i) the works required to be carried out by each person served with the notice; or

(ii) the works required to be carried out and the proportion of those works for which each person served with the notice is responsible; and

(d) the time within which the works referred to in paragraph (c) must be completed; and

(e) any other action each person served with the notice must take, must not take or must cease; and

(f) the time within which a person must take, must not take or must cease any action referred to in paragraph (e) ; and

(g) the grounds on which the Director reasonably believes that the area of land is or may be contaminated; and

(h) that, within 14 days after receiving the notice, a person served with the notice may appeal to the Appeal Tribunal against the notice or any requirement of the notice.

(2)  [Section 74D Subsection (2) amended by No. 45 of 2012, s. 28, Applied:06 Dec 2012] [Section 74D Subsection (2) amended by No. 45 of 2012, s. 28, Applied:06 Dec 2012] When determining the work or action to be carried out by each person served with a notice or the proportion of the works or actions to be carried out by each such person, the Director may take into account –

(a) the period during which each of those persons occupied or was responsible for the area of land which is the contaminated site; and

(b) the use to which each of those persons put the area of land; and

(c) the responsibility of each of those persons for any known or likely incident or circumstance which, in the opinion of the Director, could have caused or contributed to the presence of the pollutant in, on or under that area of land; and