Western Australian Current Acts Western Australian Current Acts (1) On receiving a
disclosure statement under section 64 from a person with respect to the
contamination of 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, in the opinion of the committee —
(a) the
land is contaminated;
(b) the
contamination was not caused, or contributed to, by an action of the person;
(c) the
person did not fail to prevent the contamination of the land, as far as it was
reasonably within the person’s control to prevent that contamination;
and
(d) the
land in respect of which the statement was made which was owned by the person
was contaminated at the time the person became an owner of the land and, at
that time, the person did not know, or suspect, and could not reasonably have
known or suspected, that the land was contaminated.
(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 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 responsibility for remediation of a
site under this Act is not affected by an exemption certificate.
(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 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 section.
[Section 65 amended: No. 40 of 2005 s. 10.]