Western Australian Current Acts Western Australian Current Acts (1) A person who
became an owner of a site before the commencement of this Act is responsible
for remediation of the site to the extent that —
(a) the
person knew, or suspected, or had reasonable grounds to know or suspect, that
the site was contaminated at the time the person became an owner of the site;
and
(b) the
person is an owner of the site,
and, to that extent
—
(c) a
person is not responsible for remediation of the site under section 25; and
(d) the
State is not responsible for remediation of the site under section 29(1)(a) or
(b).
(2) A person who
—
(a)
became an owner of a site before the commencement of this Act and who did not
know, or suspect, and had no reasonable grounds to know or suspect, that the
site was contaminated at the time the person became an owner of the site;
(b)
becomes an owner of a site after the commencement of this Act; or
(c) is
an owner of a site and was an owner of that site at the time the contamination
was caused, or contributed to,
is responsible for
remediation of the site to the extent that —
(d) a
person is not responsible under section 25 or 26; or
(e) a
person who is responsible 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
(ii)
is insolvent and a person has not been made responsible
in accordance with section 28,
and to the extent that
the person is an owner of the site.
(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, or contributed to —
(i)
by contamination; or
(ii)
by a substance,
which has migrated to
the affected site from the source site; and
(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 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
(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 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,
which has migrated to
the affected site from a source site.
(3) An owner within
the meaning of section 5(1)(b)(i) or (ii) is not responsible for remediation
of a site under this section to the extent in each case as is decided by the
committee after taking into account the relevant circumstances and any matters
prescribed for the purposes of this section.
(4) A decision of the
committee under subsection (3) is a decision as to responsibility for
remediation to which Part 3 Division 3 applies.
(5) A person is not
responsible for remediation under subsection (2) or (2a) to the extent
provided by an exemption certificate held by that person.
[Section 27 amended: No. 40 of 2005 s. 6.]