sec.431ZHRemediation agreement

### sec.431ZH Remediation agreement This section applies if— an interested person gives the chief executive a notice under section 431ZG within the notice period; or if an interested person gives a notice under section 431ZG after the notice period has ended—the chief executive is satisfied the person has a reasonable excuse for not giving the notice within the notice period. The chief executive may enter into an agreement (a remediation agreement ) with the interested person to take remedial action in relation to the land or thing stated in the notice. A remediation agreement has no effect unless it is— in writing; and signed by or for the parties to the agreement; and filed at an office of the department. A remediation agreement is binding on the parties to the agreement and the parties’ personal representatives, successors and assigns. At any time before a remediation agreement is made, the interested person may apply in writing to the court to have the court decide what remedial action, if any, will be taken in relation to the land or thing. In this section— notice period , in relation to a notice mentioned in section 431ZG , means 30 days from the last day on which the relevant person, or the other person, mentioned in section 431ZG (1) (a) entered the adjacent land for the purpose of carrying out an authorised activity. s 431ZH ins 2019 No. 17 s 45 (sec.431ZH-ssec.1) This section applies if— an interested person gives the chief executive a notice under section 431ZG within the notice period; or if an interested person gives a notice under section 431ZG after the notice period has ended—the chief executive is satisfied the person has a reasonable excuse for not giving the notice within the notice period. (sec.431ZH-ssec.2) The chief executive may enter into an agreement (a remediation agreement ) with the interested person to take remedial action in relation to the land or thing stated in the notice. (sec.431ZH-ssec.3) A remediation agreement has no effect unless it is— in writing; and signed by or for the parties to the agreement; and filed at an office of the department. (sec.431ZH-ssec.4) A remediation agreement is binding on the parties to the agreement and the parties’ personal representatives, successors and assigns. (sec.431ZH-ssec.5) At any time before a remediation agreement is made, the interested person may apply in writing to the court to have the court decide what remedial action, if any, will be taken in relation to the land or thing. (sec.431ZH-ssec.6) In this section— notice period , in relation to a notice mentioned in section 431ZG , means 30 days from the last day on which the relevant person, or the other person, mentioned in section 431ZG (1) (a) entered the adjacent land for the purpose of carrying out an authorised activity. - (a) an interested person gives the chief executive a notice under section 431ZG within the notice period; or - (b) if an interested person gives a notice under section 431ZG after the notice period has ended—the chief executive is satisfied the person has a reasonable excuse for not giving the notice within the notice period. - (a) in writing; and - (b) signed by or for the parties to the agreement; and - (c) filed at an office of the department.