South Australian Current Acts

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ENVIRONMENT PROTECTION ACT 1993 - SECT 103K

103K—Voluntary site remediation proposals

        (1)         The Authority may agree not to issue a site remediation order to a person in relation to site contamination if the person undertakes to carry out remediation in accordance with an approved voluntary site remediation proposal.

        (2)         An agreement under subsection (1) must be in writing and copies of the agreement must be served on the parties to the agreement.

        (3)         The Authority may, on application by a person, approve a voluntary site remediation proposal if satisfied that the terms of the proposal are appropriate.

        (4)         The Authority must, if satisfied that the remediation has been carried out and completed in accordance with the approved proposal, notify the holder of the approval in writing that it is so satisfied.

        (5)         If a notification is given to a person under subsection (4), the person may apply to the Court under Part 11 for an order for payment of the whole or a portion of the costs and expenses of the remediation against others as if the person had carried out the remediation in compliance with the requirements of a site remediation order.



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