sec.326BAWhen environmental investigation required—contamination of land

### sec.326BA When environmental investigation required—contamination of land This section applies if— particulars of land are recorded in the environmental management register or contaminated land register; and the administering authority is satisfied, or suspects on reasonable grounds, the hazardous contaminant contaminating the land has the potential to cause serious environmental harm or material environmental harm; and the administering authority is satisfied a person, animal or another part of the environment may be exposed to the hazardous contaminant, whether on the land or not. The administering authority may, by written notice (also an investigation notice ), require a prescribed responsible person for the land to— conduct or commission an investigation (also an environmental investigation ) about the contamination or potential contamination of the land; and give the administering authority a site investigation report for the land in accordance with sections 389 and 390 . The administering authority must not require an environmental investigation to be conducted or commissioned if— the land is subject to a site management plan for the contamination; and the conditions of the plan are being complied with. To remove any doubt, it is declared that the administering authority may give an investigation notice under this section to a prescribed responsible person for land even if the person is the holder of an environmental authority that authorises, or purportedly authorises, activities carried out on the land. s 326BA ins 2014 No. 59 s 128 amd 2023 No. 6 s 59 ; 2024 No. 30 s 24 (sec.326BA-ssec.1) This section applies if— particulars of land are recorded in the environmental management register or contaminated land register; and the administering authority is satisfied, or suspects on reasonable grounds, the hazardous contaminant contaminating the land has the potential to cause serious environmental harm or material environmental harm; and the administering authority is satisfied a person, animal or another part of the environment may be exposed to the hazardous contaminant, whether on the land or not. (sec.326BA-ssec.2) The administering authority may, by written notice (also an investigation notice ), require a prescribed responsible person for the land to— conduct or commission an investigation (also an environmental investigation ) about the contamination or potential contamination of the land; and give the administering authority a site investigation report for the land in accordance with sections 389 and 390 . (sec.326BA-ssec.3) The administering authority must not require an environmental investigation to be conducted or commissioned if— the land is subject to a site management plan for the contamination; and the conditions of the plan are being complied with. (sec.326BA-ssec.4) To remove any doubt, it is declared that the administering authority may give an investigation notice under this section to a prescribed responsible person for land even if the person is the holder of an environmental authority that authorises, or purportedly authorises, activities carried out on the land. - (a) particulars of land are recorded in the environmental management register or contaminated land register; and - (b) the administering authority is satisfied, or suspects on reasonable grounds, the hazardous contaminant contaminating the land has the potential to cause serious environmental harm or material environmental harm; and - (c) the administering authority is satisfied a person, animal or another part of the environment may be exposed to the hazardous contaminant, whether on the land or not. - (a) conduct or commission an investigation (also an environmental investigation ) about the contamination or potential contamination of the land; and - (b) give the administering authority a site investigation report for the land in accordance with sections 389 and 390 . - (a) the land is subject to a site management plan for the contamination; and - (b) the conditions of the plan are being complied with.