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Lake Macquarie Smelter Site (Perpetual Care of Land) Act 2019
8Ongoing management of contaminated land other than containment cell site
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#### 8 Ongoing management of contaminated land other than containment cell site
8 Ongoing management of contaminated land other than containment cell site
> > (1) The owner of contaminated land other than the containment cell site has the function of 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 may approve a management plan for the ongoing management of contaminated land other than 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) a clear description of the land to which it applies,
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> > > (b) a description of the extent of the contamination that exists on the land,
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> > > (c) the environmental measures and controls that are to be applied to the land,
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> > > (d) an outline of how public health will be protected from contamination of the land,
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> > > (e) the measures to ensure access to the land is restricted,
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> > > (f) the measures to manage surface water, erosion and sedimentation,
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> > > (g) the requirements for vegetation on the land, including planting and maintaining vegetation,
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> > > (h) any other matter prescribed by the regulations.
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> > (4) Different management plans may be approved for different land.
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> > (5) The owner of land—
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> > > (a) may amend or replace an approved management plan for the land with the approval of the Planning Secretary, and
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> > > (b) must, if directed to do so by the Planning Secretary, amend or replace an approved management plan for the land in accordance with the direction.
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> > (6) The owner of land—
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> > > (a) must exercise its function under subsection (1) in accordance with an approved management plan for the land, and
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> > > (b) must otherwise ensure that an approved management plan is implemented.
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> > (7) In this section—
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> > approved management plan means a management plan approved by the Planning Secretary, as amended or replaced from time to time in accordance with this section.