Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears —
act includes an omission and extends to a series
of acts or omissions;
affected site means a site on which contamination
is caused, or contributed to —
(a) by
contamination; or
(b) by a
substance,
which has migrated to that site from another site
(the source site );
auditor means a person accredited under
section 69 as a contaminated sites auditor;
binding , in relation to a notice under
Part 4, has the meaning given by section 47;
CEO means the chief executive officer of the
Department;
CEO of the Health Department means the chief
executive officer of the department principally assisting the Minister
responsible for the administration of the Health Legislation Administration
Act 1984 ;
certificate of contamination audit means a
certificate referred to in section 63;
classify , in respect of a site, means to classify
the site under Part 2;
clean up notice means a notice referred to in
section 50;
committee means the Contaminated Sites Committee
established under section 33;
contaminated has the meaning given by
section 4;
database means the contaminated sites database
kept under section 19;
decision as to responsibility for remediation has
the meaning given by section 35;
EP Act means the Environmental Protection
Act 1986 ;
exemption certificate means a certificate referred
to in section 65;
guidelines means the guidelines made under
section 97;
hazard abatement notice means a notice referred to
in section 51;
insolvent means —
(a) in
the case of a natural person — a person who is an insolvent under
administration within the meaning of the Corporations Act 2001 of the
Commonwealth; and
(b) in
the case of a body corporate — a body corporate that is an
externally-administered body corporate within the meaning of the Corporations
Act 2001 of the Commonwealth;
investigation notice means a notice referred to in
section 49;
management plan means a plan for the investigation
or remediation, or both, of a site;
mandatory auditor’s report means a report by
an auditor that is required for the purposes of this Act or the EP Act;
occupier , in relation to land, means a person in
occupation or control of the land, whether or not the person also owns the
land;
orphan site has the meaning given by
section 32(1);
owner has the meaning given by section 5;
person responsible , in respect of a site
classified as contaminated — remediation required , means a person
responsible for remediation of the site in accordance with Part 3;
records means the information and documents to be
kept under section 20;
remediation in respect of a site that is
contaminated includes —
(a) the
attempted restoration of the site to the state it was in before the
contamination occurred;
(b) the
restriction, or prohibition, of access to, or use of, the site;
(c) the
removal, destruction, reduction, containment or dispersal of the substance
causing the contamination, or the reduction or mitigation of the effect of the
substance;
(d) the
protection of human health, the environment or any environmental value from
the contamination;
site means an area of land and
includes —
(a)
underground water under that land; and
(b)
surface water on that land;
source site means a site —
(a) on
which contamination; or
(b) on
which a substance,
has originated and from which it has migrated to
another site (the affected site ) causing, or contributing to, contamination
on that other site.
(2) A word or
expression used in this Act has the same meaning as it has in the EP Act
unless —
(a) this
Act gives it another meaning; or
(b) the
contrary intention appears in some other way.
[Section 3 amended by No. 40 of 2005
s. 4.]