South Australian Current Acts South Australian Current Acts103H—Site contamination assessment orders
(a)
the Authority is satisfied that site contamination exists at a site; or
(b)
the Authority suspects that site contamination exists at a site because a
potentially contaminating activity of a kind prescribed by regulation has
taken place there,
the Authority may issue a site contamination assessment order in respect of
the site to an appropriate person.
(2) A
site contamination assessment order—
(a) must
be in the form of a written notice served on the person to whom it is issued;
and
(b) must
specify the person to whom it is issued (whether by name or a description
sufficient to identify the person); and
(c) must
specify the site; and
(d) must
include requirements for assessments to be carried out of the nature and
extent of any site contamination on or below the surface of the site and,
subject to subsection (3), if the Authority so determines, on or below
the surface of land in the vicinity of the site; and
(e) must
include a requirement for a written report of the assessments to be submitted
to the Authority in a specified form within a specified period; and
(f) may
include a requirement that a person with specified qualifications be appointed
or engaged to carry out the assessments required by the order or to prepare
the written report or the assessments; and
(g) may
include a requirement for a site contamination audit to be carried out, in
accordance with the guidelines issued from time to time by the Authority, and
a site contamination audit report to be submitted to the Authority within a
specified period; and
(h) may
include a requirement for specified consultations to be carried out with
owners or occupiers of land in the vicinity of the site; and
(i)
must state that the person may, within 14 days, appeal to
the Environment, Resources and Development Court against the order.
(3) If the order is
issued to an appropriate person as an owner of the site as distinct from a
person who caused the site contamination, the order must be limited in its
application to site contamination on or below the surface of the site.
(4) Where a proposed
site contamination assessment order or a proposed variation of such an order
would require the undertaking of an activity for which a permit would, but for
section 106 of the Landscape South Australia Act 2019 , be required
under that Act, the Authority must, before issuing or varying the order, give
notice of the proposal to the authority under the
Landscape South Australia Act 2019 to whom an application for a permit
for the activity would otherwise have to be made inviting the authority to
make written submission in relation to the proposal within a period specified
in the notice.
(5) The Authority may,
by written notice served on a person to whom a site
contamination assessment order has been issued, vary or revoke the order.
(6) A person to whom a
site contamination assessment order is issued must comply with the order.
Maximum penalty:
(a) in
the case of a body corporate—$120 000;
(b) in
the case of a natural person—$60 000.
(7) It is not an
excuse for a person to refuse or fail to provide information in response to a
requirement imposed by a site contamination assessment order on the ground
that to do so might tend to incriminate the person or make the person liable
to a penalty.
(8) If compliance by a
prescribed person with a requirement to provide information imposed by a
site contamination assessment order might tend to incriminate the person or
make the person liable to a penalty, then the information given in compliance
with the requirement is not admissible in evidence against the person in
proceedings for an offence or for the imposition of a penalty (other than
proceedings in respect of the making of a false or misleading statement).