QLDIn ForceAct
Environmental Protection Act 1994
sec.391Show cause notice
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### 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;