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ENVIRONMENTAL MANAGEMENT AND POLLUTION CONTROL ACT 1994 - SECT 74A

PART 5A - Contaminated Sites Division 1 - Preliminary Interpretation of Part 5A

(1)  In this Part –
allow, in relation to the escape, discharge, emission or release of a pollutant, includes the failure of a person with the authority to prevent the escape, discharge, emission or release to prevent it;
area of land includes any water in, on or under that area of land;
background concentration, in relation to a pollutant, means the naturally occurring, ambient concentration of that pollutant;
contaminated site has the meaning given by subsections (2) , (3) and (4) ;
investigation notice means an investigation notice, as amended from time to time, issued under section 74C for the purpose specified in section 74E(1) ;
notice means an investigation notice, a remediation notice or a site management notice;
owner, in relation to an area of land, includes a person who has taken possession of the area of land in the exercise of a right under a mortgage, charge or other encumbrance and has the power to sell or otherwise dispose of the area of land;
remediation notice means a remediation notice, as amended from time to time, issued under section 74C for the purpose specified in section 74F(1) ;
site management notice means a site management notice, as amended from time to time, issued under section 74C for the purpose specified in section 74G(1) .
(2)  An area of land is a contaminated site if –
(a) there is in, on or under that area of land a pollutant in a concentration that –
(i) is above the background concentration; and
(ii) is causing or is likely to be causing serious or material environmental harm or environmental nuisance, or is likely to cause serious or material environmental harm or environmental nuisance in the future if not appropriately managed; or
(b) a site management notice is registered on the land under section 74I and shown on the relevant folio in the register of title of land kept under the Land Titles Act 1980 .
(3)  Despite subsection (2) , an area of land is not a contaminated site if –
(a) the pollutant present in the area of land in a concentration above the background concentration as referred to in that subsection is a prescribed pollutant; or
(b) the pollutant present in the area of land in a concentration above the background concentration as referred to in that subsection is present in or because of prescribed circumstances.
(4)  A contaminated site includes any water in, on or under the contaminated site.


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