Lake Macquarie Smelter Site (Perpetual Care of Land) Act 2019
7Ongoing management of containment cell and site
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7 Ongoing management of containment cell and site
7 Ongoing management of containment cell and site
(1) The owner of the containment cell site has the functions of—
(a) monitoring, maintaining and repairing the containment cell and associated infrastructure, and
(b) when necessary, replacing all or part of the containment cell and associated infrastructure, and
(c) managing the land to protect the environment and the public from any risk from contamination of the land.
(2) The Planning Secretary and the EPA may approve a management plan for the ongoing management of the containment cell and associated infrastructure and the containment cell site.
(3) The management plan must not be approved unless it includes the following—
(a) the requirements for the monitoring, maintenance and repair of the containment cell and associated infrastructure,
(b) the requirements for replacing all or part of the containment cell and associated infrastructure,
(c) the requirements for managing water on the containment cell site and minimising the discharge of pollutants from the site, including—
(i) requirements to maintain and operate a water treatment plant for the site, and
(ii) requirements to maintain and operate groundwater pumping systems and other water management systems, and
(iii) requirements to manage surface water, groundwater and leachates, and
(iv) requirements to monitor the quality of water and leachates,
(d) the requirements for vegetation on the containment cell site, including planting and maintaining vegetation,
(e) the restrictions on the uses of the containment cell site,
(f) the actions to be taken to prevent contamination of surrounding land, air or water,
(g) any other matter prescribed by the regulations.
(4) The owner of the containment cell site—
(a) may amend or replace an approved management plan with the approval of the Planning Secretary and the EPA, and