sec.391Show cause notice

### sec.391 Show cause notice This section applies to relevant land only if the administering authority believes— the land is contaminated land; and the contamination may be managed by applying conditions to the use or development of, or activities carried out on, the land. The administering authority may require a prescribed responsible person for the land to prepare or commission a draft site management plan for the land and submit the draft plan to the authority, in accordance with subdivision 2 . Also, the administering authority may prepare a site management plan for the relevant land. Before taking action under subsection (2) or (3) , the administering authority must give the prescribed responsible person a notice (a show cause notice ) inviting the person to show cause why the action should not be taken. A show cause notice must be in writing and state the following— that the administering authority proposes to— require the prescribed responsible person to prepare or commission a draft site management plan for the relevant land; or prepare a site management plan for the relevant land; the facts and circumstances forming the basis for the administering authority’s belief that— the land is contaminated land; and the contamination may be managed by applying conditions to the use or development of, or activities carried out on, the land; that representations may be made about the proposed action; how the representations may be made; the period during which the representations must be made. For subsection (5) (e) , the period must end at least 20 business days after the day the show cause notice is given to the prescribed responsible person. s 391 ins 1997 No. 80 s 21 amd 2000 No. 64 s 3 (2) sch ; 2012 No. 16 s 78 sch (amd 2013 No. 6 s 50 sch ) sub 2014 No. 59 s 135 amd 2024 No. 30 s 61 sch 1 (sec.391-ssec.1) This section applies to relevant land only if the administering authority believes— the land is contaminated land; and the contamination may be managed by applying conditions to the use or development of, or activities carried out on, the land. (sec.391-ssec.2) The administering authority may require a prescribed responsible person for the land to prepare or commission a draft site management plan for the land and submit the draft plan to the authority, in accordance with subdivision 2 . (sec.391-ssec.3) Also, the administering authority may prepare a site management plan for the relevant land. (sec.391-ssec.4) Before taking action under subsection (2) or (3) , the administering authority must give the prescribed responsible person a notice (a show cause notice ) inviting the person to show cause why the action should not be taken. (sec.391-ssec.5) A show cause notice must be in writing and state the following— that the administering authority proposes to— require the prescribed responsible person to prepare or commission a draft site management plan for the relevant land; or prepare a site management plan for the relevant land; the facts and circumstances forming the basis for the administering authority’s belief that— the land is contaminated land; and the contamination may be managed by applying conditions to the use or development of, or activities carried out on, the land; that representations may be made about the proposed action; how the representations may be made; the period during which the representations must be made. (sec.391-ssec.6) For subsection (5) (e) , the period must end at least 20 business days after the day the show cause notice is given to the prescribed responsible person. - (a) the land is contaminated land; and - (b) the contamination may be managed by applying conditions to the use or development of, or activities carried out on, the land. - (a) that the administering authority proposes to— (i) require the prescribed responsible person to prepare or commission a draft site management plan for the relevant land; or (ii) prepare a site management plan for the relevant land; - (i) require the prescribed responsible person to prepare or commission a draft site management plan for the relevant land; or - (ii) prepare a site management plan for the relevant land; - (b) the facts and circumstances forming the basis for the administering authority’s belief that— (i) the land is contaminated land; and (ii) the contamination may be managed by applying conditions to the use or development of, or activities carried out on, the land; - (i) the land is contaminated land; and - (ii) the contamination may be managed by applying conditions to the use or development of, or activities carried out on, the land; - (c) that representations may be made about the proposed action; - (d) how the representations may be made; - (e) the period during which the representations must be made. - (i) require the prescribed responsible person to prepare or commission a draft site management plan for the relevant land; or - (ii) prepare a site management plan for the relevant land; - (i) the land is contaminated land; and - (ii) the contamination may be managed by applying conditions to the use or development of, or activities carried out on, the land;