74BAction by owner or occupier on becoming aware of contaminated site

74B Action by owner or occupier on becoming aware of contaminated site

(1)  If the owner or occupier of any area of land knows, reasonably believes or should in the circumstances reasonably believe that the area of land is or is likely to be a contaminated site, the owner or occupier –

(a) must not commence or continue any activity that may directly or indirectly further cause or continue the exposure, escape, discharge, emission or release of the pollutant that the owner or occupier knows, reasonably believes or should reasonably believe has made the area of land a contaminated site; and

(b) must notify the Director of the details, if known, of the pollutant concerned, the circumstances in which the pollutant escaped or was discharged, emitted or released and any action that has been or is being taken to remedy the pollution –

(i) within 24 hours after the owner or occupier becomes aware, first reasonably believes or should first reasonably believe that the area of land is likely to be a contaminated site, if he or she became aware, first reasonably believed or should first reasonably have believed that the area of land is, or is likely to be, a contaminated site after the commencement of this section; or

(ii) within 6 months after the commencement of this section if the owner or occupier, at the time this section commenced, was aware, reasonably believed or should reasonably have believed that the area of land was, or was likely to be, a contaminated site.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 1 200 penalty units; or

(b) a natural person, a fine not exceeding 600 penalty units.

(2)  An owner or occupier is not required to give notice under subsection (1)(b) if the person has reasonable grounds for believing that the fact that the area of land is likely to be a contaminated site has already come to the notice of the Director.

(3)  An owner or occupier of an area of land is required to notify the Director under subsection (1)(b) despite the fact that to do so might incriminate him or her or make him or her liable to a penalty.