Western Australian Current Acts

CONTAMINATED SITES ACT 2003 - SECT 30

30 .         Responsibility for remediation may be transferred

        (1)         A person responsible for remediation of a site may transfer that responsibility, or part of that responsibility —

            (a)         to another person, with that person’s written agreement; or

            (b)         in prescribed circumstances, and with the written approval of the Minister, to the State.

        (2)         An agreement under subsection (1)(a) is of no effect unless approved in writing by the CEO.

        (3)         A transfer under subsection (1) is to be on such terms and conditions as the parties agree which may include —

            (a)         the transfer of all or part of the relevant land; or

            (b)         creating a charge on the relevant land.

        (4)         When seeking approval from the CEO under subsection (2), the person responsible for remediation is to give to the CEO —

            (a)         a statement —

                  (i)         to the effect that the person believes on reasonable grounds that the person to whom responsibility is to be transferred has sufficient financial capacity to carry out the remediation; and

                  (ii)         setting out the details of that financial capacity;

                and

            (b)         a certificate of contamination audit in respect of the relevant land, or a request for a certificate of contamination audit under section 62.

        (5)         If the CEO considers that there is not enough information about the financial capacity of the person to whom responsibility is to be transferred for the CEO to approve the transfer under subsection (2), the CEO may, by written notice, request —

            (a)         that person; or

            (b)         with the permission of that person, any other person,

                to provide additional information about that financial capacity.

        (6)         A person must not provide information or make a statement under subsection (4) or (5) that the person knows is false or misleading in a material particular.

        Penalty: $250 000, and a daily penalty of $50 000.

        (7)         Section 32(3) applies in respect of a charge on land under subsection (3)(b) if the charge is for the benefit of the State, or a public authority nominated by the Minister.

        (8)         Where responsibility is transferred to a person or the State under this section, that person or the State becomes responsible for remediation under this Act to the extent set out in the agreement or approval of the Minister, as is relevant, and the person from whom the responsibility was transferred is no longer the person responsible for that remediation.