Contaminated Sites Act 2003.

The object of this Act is to protect human health, the environment and environmental values by providing for the identification, recording, management and remediation of contaminated sites in the State, having regard to the following principles 1) The polluter pays principle: those who generate pollution and waste should bear the cost of containment, avoidance or abatement; 2)The principle of full life cycle costs The users of goods and services should pay prices based on the full life cycle costs of providing goods and services, including the use of natural resources and assets and the ultimate disposal of any wastes. 3) The principle of waste minimisation All reasonable and practicable measures should be taken to minimise the generation of waste and its discharge into the environment. Site in the act is defined as an area of land and includes (a) underground water under that land; and (b) surface water on that land.
The Act is organized in 10 Parts. Part 2 concerns Reporting, classifying and recording sites; the CEO of the Department is the subject in charge of classifying the sites (section 13) and appeal can be done against classification by the owner or occupier of the land classified either as (c) possibly contaminated — investigation required; (d) decontaminated; or (e) not contaminated — unrestricted use. Moreover who is responsible for remediation; an owner; or an occupier, who has been given notice under section 15(1)(b) of a site classified as contaminated — remediation required; contaminated — restricted use; or remediated for restricted use, may appeal against the classification.
Part 3 provides for remediation of contaminated sites and clarifies that the only site that the only sites that are required to be remediated under this Act are sites classified as contaminated — remediation required. The Part rules that more than one person may be responsible for remediation of a site and identifies the hierarchy of responsibility. Responsible are: the person who caused, or contributed to, contamination; the person who changes use of land; land owners; insolvent bodies corporate; State. Responsibility for remediation may be also transferred. Orphan sites are sites for which the State is responsible for remediation. The Act also provides for the Minister is to establish a Contaminated Sites Committee (the Committee); the committee is to make decisions as to — (a) who is responsible for remediation of a site; (b) the extent to which a person is, or persons are, responsible for remediation of a site.
Part 4 concerns investigation, clean up and hazard abatement notices and appeal from notices. Part 5 contains provisions relating to remediation and notices. Part 6 introduces certificates of contamination audit, exemption certificates and disclosure statements. Part 7 regulates contaminated sites auditors. Part 8 — Appeals.