Notice of Intention

A Notice of Intention will protect a land owner’s right to lodge a Disclosure Statement for a further 12 months. It gives land owners time to undertake the necessary investigations to determine if their land is contaminated, and follow the correct process to lodge a Disclosure Statement, if they wish.

The deadline for submitting these is also 1 December 2008.

The Notice of Intention can be in letter form and must include the following information:

• your name, as shown on the certificate of title for your property, and full contact details;
• the address of the property that is or may be contaminated;
• a copy of any Notice of Classification under the Contaminated Sites Act 2003 you have received on the property;
• the fact that this is a Notification of Intention to submit a Disclosure Statement.

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 The process for assessing and determining applications submitted to the Committee is governed by the Contaminated Sites Act 2003 (the Act) and the Contaminated Sites Regulations 2006 (the Regulations).

• Format of applications to the Committee for exemption certificates
• Who is eligible to apply to the Committee for an exemption certificate
• Time limit for lodging an application for an exemption certificate (lodgement of a disclosure statement)
• Procedure of the Committee

Format of applications to the Committee for exemption certificates

Section 64 of the Act prescribes that an owner of land may make a disclosure statement to the Committee, with respect to the contamination of that land -

• in the prescribed form;
• in respect of land of which that person is the owner, and was the owner immediately before the commencement of the Act, and
• within two years after the commencement of the Act (a person may give written notice to the Committee within two years of the commencement of the Act of their intention to lodge a disclosure statement, in which case the person has 12 months after giving notice to the Committee to lodge the disclosure statement) .

If the disclosure statement submitted by the owner is in respect of a "source" site, the disclosure statement may also be made in respect of contamination of a related affected site.

Section 33 of the Regulations prescribes that for the purposes of section 64 of the Act, a disclosure statement is to be in the form of Form 5.

Click here for Form 5.

For applications for an exemption certificate to be accepted by the Committee, they must:

• be in writing;
• be in the form of, and contain the information described in, Form 5;
• include a certified copy of the certificate, or certificates, of title for the owner's land;
• include a report, prepared in accordance with the relevant guidelines, regarding the nature and extent of contamination of the owner's land;
• include all available information in the possession of, or available to, the person making the statement that the person believes may be relevant to -
• the nature and extent of known contamination of the owner's land, currently and historically; or
• the use to which the owner's land has been, and is currently being put and the activities which have been carried out on the land which may have caused or contributed to the contamination;
• provide any other information or documents in the possession of, or available to, the person making the statement supporting the reasons set out in the statement as to why the person believes he or she is entitled to an exemption certificate;
• include relevant details of the transaction or transactions which resulted in the owner of the land becoming the owner of the land and the reasons why;
• be signed by the applicant; and
• be lodged at the Office of the Contaminated Sites Committee within the time prescribed under section 64 of the Act.

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Who is eligible to apply to the Committee for an exemption certificate

The Act and Regulations set out the nature of applications that may be made to the Contaminated Sites Committee and who is eligible to apply to the Committee to determine a matter.

Section 64 of the Act provides that:

• An owner of land may make a disclosure statement with respect to the contamination of that land to the Committee -
• in the prescribed form;
• in respect of land of which that person-
  i. is the owner; and
  ii. was the owner immediately before the commencement of this Act; and
• subject to subsection (2), within two years after the commencement of this Act.

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Time limit for lodging an application for an exemption certificate (lodgement of a disclosure statement)

Pursuant to section 64 of the Act, a disclosure statement must be lodged with the Office of the Contaminated Sites Committee within two years after the commencement of the Act. A person may give written notice to the Committee within two years of the commencement of the Act, of their intention to lodge a disclosure statement, in which case the person has 12 months after giving notice to the Committee to lodge the disclosure statement .

If a person has a programme for reporting sites approved by the Department of Environment and Conservation under section 12 of the Act, that person may make a disclosure statement in respect of that land at any time before the programme is to be completed.

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Procedure of the Committee

Section 34 of the Act requires the Committee, when making a decision under the Act, to -

(a) consult the Chief Executive Officer (CEO) of the Department of Environment and Conservation (DEC) and any other person it considers necessary to consult; and

(b) act according to equity, good conscience and the substantial merits of the case, without regard to technicalities or legal forms, not to be bound by the rules of evidence and to conduct its enquiries in any manner it considers appropriate.

The Committee may ask an applicant for additional information if it considers that a disclosure statement does not contain sufficient information for the Committee to make a decision. Within 45 days after the day on which a disclosure statement, or further information in respect of the statement is received, the Committee may:

• issue an exemption certificate;
• refuse to issue an exemption certificate;
• decline to deal with the statement (if the statement does not comply with the requirements of section 64 of the Act ); or
• request further information to enable the Committee to make a decision.

In determining whether the grounds (as set out in the Act) are satisfied for the purpose of giving an exemption certificate, the Committee will seek and take into account the advice of the CEO of DEC regarding the contamination of the land.

The Committee will give written notice and reasons for its decision to the applicant and the CEO of DEC.

The Committee may cancel or amend an exemption certificate after it has been given if it becomes aware and is satisfied that the disclosure statement in question contained false or misleading information or failed to disclose information that was materially relevant.

The holder of an exemption certificate may apply to the Committee under section 65(5) of the Act to have the exemption certificate transferred to another person who has become an owner of the land, or part of the land.

A person who submitted a disclosure statement may appeal against a decision of the Committee to the Supreme Court, but only on a question of law and within 21 days after notice of the decision was given, or such later time as may be specified by the Supreme Court.

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