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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Contaminated Sites Amendment Bill 2005
CONTENTS
1. Short title 1
2. Commencement 2
3. The Act amended 2
4. Section 3 amended 2
5. Section 24 amended 3
6. Section 27 amended 3
7. Section 28 amended 4
8. Section 35 amended 5
9. Section 64 amended 5
10. Section 65 amended 5
11. Section 77 amended 7
12. Section 94 amended 7
13. Schedule 3 amended 7
022--2 page i
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Contaminated Sites Amendment Bill 2005
A Bill for
An Act to amend the Contaminated Sites Act 2003.
The Parliament of Western Australia enacts as follows:
1. Short title
This is the Contaminated Sites Amendment Act 2005.
page 1
Contaminated Sites Amendment Bill 2005
s. 2
2. Commencement
This Act comes into operation on the day on which the
Contaminated Sites Act 2003 comes into operation.
3. The Act amended
5 The amendments in this Act are to the Contaminated Sites
Act 2003*.
[* Act No. 60 of 2003.
For subsequent amendments see Western Australian
Legislation Information Tables for 2004, Table 1, p. 92.]
10 4. Section 3 amended
(1) Section 3(1) is amended by inserting in the appropriate
alphabetical positions the following definitions --
"
"affected site" means a site on which contamination is
15 caused, or contributed to --
(a) by contamination; or
(b) by a substance,
which has migrated to that site from another site
(the "source site");
20 "source site" means a site --
(a) on which contamination; or
(b) on which a substance,
has originated and from which it has migrated to
another site (the "affected site") causing, or
25 contributing to, contamination on that other site.
".
(2) Section 3(1) is amended by deleting the full stop after the
definition of "site" and inserting instead a semicolon.
page 2
Contaminated Sites Amendment Bill 2005
s. 5
5. Section 24 amended
Section 24(1)(c) is amended by inserting after "site" --
" , or of a source site ".
6. Section 27 amended
5 (1) Section 27(2) is amended by inserting before "the person is an
owner of the site" --
" to the extent that ".
(2) After section 27(2) the following subsections are inserted --
"
10 (2a) A person who, under subsection (1) or (2), is
responsible for remediation of a site that is a source site
is also responsible for remediation of a site that is an
affected site to the extent that --
(a) the contamination of the affected site is caused,
15 or contributed to --
(i) by contamination; or
(ii) by a substance,
which has migrated to the affected site from the
source site; and
20 (b) the person is an owner of the source site,
but only to the extent that --
(c) a person is not responsible for remediation of
the affected site under section 25 or 26; or
(d) a person who is responsible for remediation of
25 the affected site under section 25 or 26 --
(i) cannot, after reasonable attempts have
been made, be identified or found or be
made to assume responsibility for the
remediation; or
page 3
Contaminated Sites Amendment Bill 2005
s. 7
(ii) is insolvent and a person has not been
made responsible in accordance with
section 28.
(2b) A person who is an owner of a site that is an affected
5 site is not responsible for remediation of the site under
subsection (1) or (2) to the extent that the
contamination of the site is caused, or contributed to --
(a) by contamination; or
(b) by a substance,
10 which has migrated to the affected site from a source
site.
".
(3) Section 27(3) is amended by deleting "subsection (1) or (2)"
and inserting instead --
15 " this section ".
(4) Section 27(5) is repealed and the following subsection is
inserted instead --
"
(5) A person is not responsible for remediation under
20 subsection (2) or (2a) to the extent provided by an
exemption certificate held by that person.
".
7. Section 28 amended
Section 28(7) is amended in the definition of "relevant time" as
25 follows:
(a) after paragraph (b) by deleting "and";
(b) in paragraph (c) by inserting after "27" --
" (1) or (2) ";
page 4
Contaminated Sites Amendment Bill 2005
s. 8
(c) by inserting after paragraph (c) --
"
and
(d) section 27(2a), when the person became an
5 owner of the source site of the relevant
affected site;
".
8. Section 35 amended
Section 35 is amended by deleting "36(2)(a)" and inserting
10 instead --
" 36(2) ".
9. Section 64 amended
After section 64(4) the following subsection is inserted --
"
15 (5) Where land in respect of which an owner has made a
disclosure statement under subsection (1) comprises all,
or part, of a source site then the disclosure statement may
also be made in respect of the contamination of any land
that comprises all, or part, of an affected site on which
20 contamination is caused, or contributed to --
(a) by contamination; or
(b) by a substance,
which has migrated to the affected site from the source
site.
25 ".
10. Section 65 amended
(1) Section 65(1) is amended by deleting "and any further
information requested under that section from an owner of land,
page 5
Contaminated Sites Amendment Bill 2005
s. 10
the committee is to give an exemption certificate in respect of
the land to the person if " and inserting instead --
"
from a person with respect to the contamination of
5 land, and any further information requested under that
section, the committee is to give an exemption
certificate in respect of all, or part, of the land in
respect of which the disclosure statement was made to
the person if, and to the extent that
10 ".
(2) Section 65(1)(d) is amended by inserting after "the land" in the
first place where it occurs --
"
in respect of which the statement was made
15 which was owned by the person
".
(3) Section 65(2) and (3) are repealed and the following subsections
are inserted instead --
"
20 (2) An exemption certificate is to specify the extent to
which a person who made a disclosure statement is not
responsible for remediation under section 27(2) or (2a)
of the land in respect of which the statement was made.
(3) A person who would otherwise be responsible for
25 remediation of a site under section 27(2) or (2a), is not
responsible under those provisions for remediation of
the site to the extent provided by an exemption
certificate held by that person.
(4) Other than as set out in subsection (3), a person's
30 responsibility for remediation of a site under this Act is
not affected by an exemption certificate.
page 6
Contaminated Sites Amendment Bill 2005
s. 11
(5) An exemption certificate in respect of land may be
transferred by the holder of the certificate to another
person who, at any time after the certificate has been
given, has become an owner of the land, or part of the
5 land, if so decided by the committee, and to the extent
as is decided by the committee after taking into
account --
(a) the relevant circumstances; and
(b) any matters prescribed for the purposes of this
10 section.
".
11. Section 77 amended
After section 77(4) the following subsection is inserted --
"
15 (4a) No appeal lies against a decision of the committee
under section 65(5).
".
12. Section 94 amended
(1) After section 94(b) the following paragraph is inserted --
20 "
(ba) in making a written submission to the committee under
section 37(e);
".
(2) Section 94(d) is amended by inserting after "CEO" --
25 " or to the committee ".
13. Schedule 3 amended
(1) The amendments in this section are to Schedule 3.
page 7
Contaminated Sites Amendment Bill 2005
s. 13
(2) Clause 1(3) is deleted and the following subclause is inserted
instead --
"
(3) After section 40(2)(a) the following paragraph is inserted --
5 "
(aa) require the proponent to provide to the
Authority a contaminated sites auditor's report
on the proposal, which complies with any
relevant regulations made under the
10 Contaminated Sites Act 2003;
".
".
(3) After clause 1(4) the following subclause is inserted --
"
15 (4a) Section 40(9) is amended by inserting after "(2)(a)" --
" , (aa) "
".
(4) After clause 1(6) the following subclause is inserted --
"
20 (6a) After section 89(1)(a) the following paragraph is inserted --
"
(aa) at any time, any site classified as
contaminated -- remediation required under
the Contaminated Sites Act 2003;
25 ".
".
page 8
Contaminated Sites Amendment Bill 2005
s. 13
(5) Clause 1(7) is deleted and the following subclause is inserted
instead --
"
(7) After section 89(2)(a) the following paragraph is inserted --
5 "
(aa) reasonably believes that the house or land is
contaminated;
".
".
10 (6) Clause 1(9) is deleted and the following subclause is inserted
instead --
"
(9) Section 90(1)(a) is amended by inserting after "emission" in
the first place where it occurs --
15 "
, or onto which any waste has been or is being
discharged,
".
".
20
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