New South Wales Consolidated Acts

CONTAMINATED LAND MANAGEMENT ACT 1997 - SECT 4

4 Definitions

(1) In this Act--

"accreditation panel" means the accreditation panel convened by the EPA under Part 4.

"appropriate person" means a person specified in accordance with section 13 as a person who is to be the subject of a management order.

"approved use" of land means--

(a) a use to which the subject land may be put without planning approval, or

(b) a use to which the subject land may be put under an existing planning approval and for which no further planning approval is required.

"approved voluntary management proposal" means a voluntary management proposal that has been approved by the EPA under section 17, as modified by any conditions imposed by the EPA under that section.

"authorised officer" means a person appointed by the EPA under Part 7.2 of the Protection of the Environment Operations Act 1997 as an authorised officer for the purposes of this Act.

"Board of the EPA" means the Board within the meaning of the Protection of the Environment Administration Act 1991 .

"CEO of the EPA" means the Chief Executive Officer within the meaning of the Protection of the Environment Administration Act 1991 .

"Chairperson of the EPA Board" means the Chairperson within the meaning of the Protection of the Environment Administration Act 1991 .

"contaminate" and
"contamination" are defined in section 5.

"costs" include expenses.

"environment" means components of the earth, including--

(a) land, air and water, and

(b) any layer of the atmosphere, and

(c) any organic or inorganic matter and any living organism, and

(d) human-made or modified structures and areas,

and includes interacting natural ecosystems that include components referred to in paragraphs (a)-(c).

Note--: This definition follows that in the Protection of the Environment Administration Act 1991 .

"environment protection legislation" has the same meaning as in the Protection of the Environment Administration Act 1991 .

"environmental planning instrument" means an environmental planning instrument within the meaning of the Environmental Planning and Assessment Act 1979 .

"EPA" means the Environment Protection Authority constituted by the Protection of the Environment Administration Act 1991 .

"executor" means a person acting as executor or trustee in the administration of a deceased estate to whom a grant of probate of a will, or administration with the will annexed, is made.

"exercise" a function includes perform a duty.

"function" includes a power, authority or duty.

"guideline" means a guideline made or approved by the EPA under section 105 and for the time being having effect under that section.

"harm" means, in relation to the contamination of land, harm to human health or some other aspect of the environment (including any direct or indirect alteration of the environment that has the effect of degrading the environment), whether in, on or under the land or elsewhere.

"interested person" means, in relation to land, a person referred to in section 13 (2) (a), (b) or (c).

"land" includes water on or below the surface of land and the bed of such water.

"local authority" means--

(a) the council, within the meaning of the Local Government Act 1993 , in relation to an area within the meaning of that Act, or

(b) the Lord Howe Island Board in relation to Lord Howe Island, or

(c) the EPA in relation to land within the Western Division that is not within an area within the meaning of the Local Government Act 1993 , or

(d) an authority prescribed by the regulations for the purposes of this paragraph for any place not covered above, or

(e) an authority prescribed instead by the regulations for the purposes of this paragraph for any place wholly or partly covered in paragraphs (a)-(c).

"management" of land or of contamination of land means management in relation to the actual or possible contamination of the land, including investigation into the existence, nature and extent of contamination of the land and remediation of contaminated land.

"management order" means an order under section 14 (1).

"monetary benefits" means monetary, financial or economic benefits.

"notional owner" --see section 7.

"occupier" of land means the person who has the management or control of the land.

"ongoing maintenance order" means an order under section 28 (2).

"owner" --

(a) in relation to Crown land--

(i) that is the subject of a perpetual lease under the Crown Land Management Act 2016 --means the holder of such a lease, and

(ii) in any other case--means the Crown.

(b) in relation to other land, does not include a person just because the person has an interest in the land under a lease, licence or permit, and

(c) in relation to land that is not Crown land and is not subject to the provisions of the Real Property Act 1900 , does not include a person merely because the person is a mortgagee.

"planning approval" means--

(a) development consent under the Environmental Planning and Assessment Act 1979 , Part 4, or

(b) an approval under the Environmental Planning and Assessment Act 1979 , Division 5.2, or

(c) an approval under the Environmental Planning and Assessment Act 1979 , Part 3A when that Part was in force or continued in operation.

"preliminary investigation order" means an order under section 10 (1).

"public authority" means a public or local authority constituted by or under an Act, and includes--

(a) a government department, or

(b) a statutory body representing the Crown (but not a State owned corporation), or

(c) a member of staff or other person who exercises functions on behalf of a public authority.

"records" includes plans, specifications, maps, reports, books and other documents (whether in writing, in electronic form or otherwise).

"related body corporate" has the same meaning as in the Corporations Act 2001 of the Commonwealth.

"related entity" has the same meaning as in the Corporations Act 2001 of the Commonwealth.

"relevant order, restriction or covenant" --see section 42A(1).

"remediation" of contaminated land includes--

(a) preparing a long-term management plan (if any) for the land, and

(b) removing, dispersing, destroying, reducing, mitigating or containing the contamination of the land, and

(c) eliminating or reducing any hazard arising from the contamination of the land (including by preventing the entry of persons or animals on the land).

"restorative justice activity" --see section 95B (2).

"risk" includes a long-term risk.

"significant contaminant" and
"significant contamination" --see section 11 (3).

"significantly contaminated land" means land described in a notice having effect under section 11.

"site audit" means a review--

(a) that relates to management (whether under this Act or otherwise) of the actual or possible contamination of land, and

(b) that is conducted for the purpose of determining any one or more of the following matters--

(i) the nature and extent of any contamination of the land,

(ii) the nature and extent of any management of actual or possible contamination of the land,

(iii) whether the land is suitable for any specified use or range of uses,

(iv) what management remains necessary before the land is suitable for any specified use or range of uses,

(v) the suitability and appropriateness of a plan of management, long-term management plan or a voluntary management proposal.

"site audit report" means a site audit report prepared by a site auditor in accordance with Part 4.

"site audit statement" means a site audit statement prepared by a site auditor in accordance with Part 4.

"site auditor" means a person for the time being accredited under Part 4 as a site auditor.

"State" includes the Government or the Crown.

"substance" includes matter or thing.

"voluntary management proposal" --see section 17 (1).

"waters" means the whole or any part of--

(a) any river, stream, lake, lagoon, swamp, wetlands, unconfined surface water, natural or artificial watercourse, dam or tidal waters (including the sea), or

(b) any underground or artesian water.

"Western Division" means that part of the State that is the Western Division within the meaning of the Crown Land Management Act 2016 .

Note--: The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2) The power of the EPA to order a person to take specified action under Part 3 includes a power to order the person to refrain from taking specified action.

(3) Notes included in this Act do not form part of this Act.