South Australian Current Acts South Australian Current Acts103C—General provisions as to appropriate persons
(1) Subject to this
Part, the appropriate person to be issued with a site contamination assessment
order or a site remediation order in respect of a site under Division 3
is—
(a) the
person who caused the site contamination at the site; or
(b) if
it is not practicable to issue the order to that person, the owner of the site
provided that—
(i)
before the person acquired the site, the person knew, or
ought reasonably to have been aware, that chemical substances were present, or
likely to be present, on or below the surface of the site such as to require,
or be likely to require, remediation; or
(ii)
—
(A) before the person acquired the site,
the person knew, or ought reasonably to have been aware, that the activity
that caused the site contamination at the site had been carried on at the
site, or while the person was the owner, the person knew, or ought reasonably
to have been aware, that the activity that caused the site contamination at
the site was being carried on at the site; and
(B) the activity is an activity of a kind
prescribed by the regulations as a potentially contaminating activity.
(2) However, if the
basis for issuing a site contamination assessment order is only
the Authority's suspicion under section 103H(1)(b) as to the existence of
site contamination at the site, subsection (1) of this section does not
apply and the appropriate person to be issued with the order is the owner of
the site.
(3) For the purposes
of subsection (1), it is not practicable to issue a
site contamination assessment order or a site remediation order to a person if
the person—
(a) has
died or, in the case of a body corporate, ceased to exist; or
(b)
cannot, after reasonable inquiry, be identified or located; or
(c)
would, in the opinion of the Authority, for any reason, be unable to carry
out, or meet the costs and expenses of, the action required or authorised
under the order.