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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—
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> > > (a) monitoring, maintaining and repairing the containment cell and associated infrastructure, and
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> > > (b) when necessary, replacing all or part of the containment cell and associated infrastructure, and
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> > > (c) managing the land to protect the environment and the public from any risk from contamination of the land.
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> > (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.
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> > (3) The management plan must not be approved unless it includes the following—
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> > > (a) the requirements for the monitoring, maintenance and repair of the containment cell and associated infrastructure,
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> > > (b) the requirements for replacing all or part of the containment cell and associated infrastructure,
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> > > (c) the requirements for managing water on the containment cell site and minimising the discharge of pollutants from the site, including—
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> > > > (i) requirements to maintain and operate a water treatment plant for the site, and
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> > > > (ii) requirements to maintain and operate groundwater pumping systems and other water management systems, and
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> > > > (iii) requirements to manage surface water, groundwater and leachates, and
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> > > > (iv) requirements to monitor the quality of water and leachates,
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> > > (d) the requirements for vegetation on the containment cell site, including planting and maintaining vegetation,
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> > > (e) the restrictions on the uses of the containment cell site,
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> > > (f) the actions to be taken to prevent contamination of surrounding land, air or water,
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> > > (g) any other matter prescribed by the regulations.
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> > (4) The owner of the containment cell site—
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> > > (a) may amend or replace an approved management plan with the approval of the Planning Secretary and the EPA, and
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> > > (b) must, if directed to do so by the Planning Secretary and the EPA, amend or replace an approved management plan in accordance with the direction.
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> > (5) The owner of the containment cell site—
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> > > (a) must exercise its functions under subsection (1) in accordance with an approved management plan, and
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> > > (b) must otherwise ensure that an approved management plan is implemented.
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> > (6) In this section—
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> > approved management plan means a management plan approved by the Planning Secretary and the EPA, as amended or replaced from time to time in accordance with this section.
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> > EPA means the Environment Protection Authority constituted by the [Protection of the Environment Administration Act 1991](/view/html/inforce/current/act-1991-060).