Contaminated Sites Act 2003 (WA)

Western Australia Contaminated Sites Act 2003 Western Australia Contaminated Sites Act 2003 Contents Part 1 — Preliminary 1. Short title 2 2. Commencement 2 3. Terms used in this Act 2 4. Meaning of "contaminated" 5 5. Meaning of "owner" 5 6. Meaning of "owner, occupier, mortgagee or lessee of a site" 6 7. State bound 6 8. Object and principles of Act 6 9. Effect on other laws 7 10. Exemptions from Act 7 Part 2 — Reporting, classifying and recording sites Division 1 — Reporting of sites 11. Reporting of known, or suspected, contaminated sites 10 12. Programme for reporting sites 11 Division 2 — Classification of sites 13. CEO to classify sites 13 14. Classification of reported sites 14 15. Notice of classification is to be given 14 16. Site classified as possibly contaminated — investigation required 16 17. Database and records to be adjusted 16 Division 3 — Appeals against classification 18. Appeals against classification 17 Division 4 — Contaminated sites database and other records 19. Contaminated sites database — public access 18 20. Other records to be kept 18 21. Public access to records 19 Part 3 — Remediation of contaminated sites Division 1 — Person responsible for remediation 22. Reference to person responsible for remediation includes all persons responsible 20 23. Sites classified as contaminated — remediation required are to be remediated 20 24. Who is responsible for remediation — hierarchy of responsibility 20 25. Person who caused, or contributed to, contamination — responsibility for remediation 21 26. Person who changes use of land — responsibility for remediation 22 27. Land owners — responsibility for remediation 23 28. Insolvent bodies corporate — responsibility for remediation 25 29. State — responsibility for remediation 27 30. Responsibility for remediation may be transferred 29 31. Mortgagee — responsibility for remediation 31 32. Orphan sites 31 Division 2 — Contaminated Sites Committee 33. Contaminated Sites Committee 33 34. Procedure of committee 33 Division 3 — Decisions as to responsibility for remediation 35. Decisions as to responsibility for remediation 34 36. Committee to make decisions as to responsibility for remediation 34 37. Notice to be given before decision made 34 38. Matters to be taken into account in making a decision as to responsibility for remediation 36 39. Notice of decision to be given 36 40. Appeal from decision as to responsibility for remediation 37 Part 4 — Investigation, clean up and hazard abatement notices Division 1 — General 41. Meaning of "notice" in this Part 38 42. Person to whom a notice may be given 38 43. Notice to be complied with 39 44. Auditor's report in relation to notice 40 45. Cancellation of notices 40 46. Notice may be amended, or additional notice may be given 41 Division 2 — Person on whom notice is binding 47. Person on whom notice is binding 41 48. Certain notices binding on new owners 41 Division 3 — Types of notices 49. Investigation notice 42 50. Clean up notice 44 51. Hazard abatement notice 46 Division 4 — Appeals from notices 52. Appeals from notices 47 Part 5 — Provisions relating to remediation and notices Division 1 — Powers of CEO in respect of remediation, investigation and ensuring compliance with notices 53. Powers in respect of remediation, investigation and ensuring compliance with notices 48 54. Where entry to a site, or the taking of action, to comply with notice or to remediate refused 50 Division 2 — Recovery of cost, and liability for losses, in some circumstances 55. State may recover cost in some circumstances 52 56. Person may recover cost in some circumstances 53 57. Liability for losses 54 Division 3 — Memorials 58. Memorial is to be lodged if notice given, or land classified as contaminated 55 59. Notice of memorial to be given 58 Division 4 — Contaminated Sites Management Account 60. Contaminated Sites Management Account 58 Part 6 — Certificates of contamination audit, exemption certificates and disclosure statements Division 1 — Interpretation 61. Meaning of "land" in this Part 61 Division 2 — Certificate of contamination audit 62. Request for certificate of contamination audit 61 63. Certificate of contamination audit 62 Division 3 — Disclosure regarding contamination, and exemption certificates 64. Disclosure statement made within 2 years of commencement of Act 64 65. Exemption certificates 66 66. Cancellation or amendment of exemption certificate 67 67. Appeals regarding exemption certificates 68 68. Disclosure required to potential owners of certain land before change of ownership occurs 69 Part 7 — Contaminated sites auditors Division 1 — Accreditation 69. Accredited auditors 70 70. Authority of accredited auditor 70 71. Offences relating to accreditation 70 72. No action may be taken with respect to accreditation 71 Division 2 — Mandatory auditor's reports 73. Certification of mandatory auditor's reports 71 74. Offences relating to mandatory auditor's reports 72 75. Self‑incriminatory information not exempt 73 76. Use of information 73 Part 8 — Appeals Division 1 — Appeals from decisions of the committee 77. Appeals as to responsibility for remediation and exemption certificates 74 78. Supreme Court to hear and determine appeals on questions of law 74 Division 2 — Other appeals 79. Lodging of appeals under section 18 or 52 75 80. Preliminary action in respect of certain appeals 76 81. Reports under section 80 76 82. Decision of committee 76 83. Implementation by CEO of decisions on appeal 77 Part 9 — Enforcement 84. Who can take proceedings for offences 78 85. Time for bringing prosecutions 78 86. Evidentiary provisions 79 87. Daily penalties 79 88. Attempt, incitement and accessory after the fact 80 89. Inspectors, authorised officers and analysts 80 90. Additional powers available to the court 81 Part 10 — General 91. Delegation 82 92. Other provisions of EP Act apply 82 93. CEO may request information on wells 82 94. False or misleading information 83 95. Victimisation 84 96. Confidentiality 85 97. Guidelines 86 98. Regulations 87 99. Review of Act 88 Schedule 1 — Classification of sites Schedule 2 — Matters in respect of which regulations may be made Division 1 — General Division 2 — Auditors and audits Notes Compilation table 93 Defined terms Western Australia Contaminated Sites Act 2003 An Act providing for the identification, recording, management and remediation of contaminated sites, to consequentially amend certain other Acts and for related purposes. Part 1 — Preliminary 1. Short title This Act may be cited as the Contaminated Sites Act 2003. 2. Commencement This Act comes into operation on a day fixed by proclamation. 3. Terms used in this Act (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: No. 40 of 2005 s. 4.] 4. Meaning of "contaminated" (1) In this Act — contaminated, in relation to land, water or a site, means having a substance present in or on that land, water or site at above background concentrations that presents, or has the potential to present, a risk of harm to human health, the environment or any environmental value. (2) However, land, water or a site, or land, water or a site of a prescribed class or description, is not contaminated where the regulations so provide. 5. Meaning of "owner" (1) In this Act — owner means — (a) in relation to freehold land — (i) a holder of the freehold; and (ii) a mortgagee in possession; and (b) in relation to Crown land — (i) the care, control and management of which has been placed in a management body, that management body; (ii) which is reserved, set apart or vested for, or dedicated to, the purposes of another written law, the person who is responsible for the administration of that Crown land while it is so reserved, set apart, vested or dedicated; (iii) which comprises all, or part, of an orphan site taken in accordance with section 32(4), the Minister; and (iv) other than land referred to in subparagraph (i), (ii) or (iii), the Minister for Lands, as referred to in section 7(1) of the Land Administration Act 1997. (2) In this section — Crown land and management body have the same respective meanings as in the Land Administration Act 1997. 6. Meaning of "owner, occupier, mortgagee or lessee of a site" In this Act, a reference to an owner, occupier, mortgagee or lessee of a site is a reference to each person who is an owner, occupier, mortgagee or lessee, as is relevant, of land that comprises all, or part, of the site. 7. State bound This Act binds the State. 8. Object and principles of Act 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 principles in the Table to this section — Table 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. 9. Effect on other laws (1) The provisions of this Act are complementary to and not in derogation of the provisions of any other law of the State. (2) Without limiting the generality of subsection (1), this Act is not to be construed so as to prevent any person from being prosecuted under any other enactment for an offence punishable by this Act, or from being liable under any other law of the State to any other or higher penalty or punishment than is provided for the offence by this Act. (3) Nothing in this section affects the operation of section 11 of the Sentencing Act 1995. (4) Nothing in this Act affects any right a person has at law to prevent, control or abate contamination or to obtain damages. 10. Exemptions from Act (1) The Minister may, with the approval of the Governor, declare by order that all or any of the provisions of this Act specified in the order do not apply in respect of — (a) any specified area of the State; (b) any specified premises, act or thing; or (c) all premises, acts or things comprised in a specified class or situated in a specified area of the State, if, in the opinion of the Minister — (d) it is in the general interest of the public to do so; and (e) no significant risk to human health, the environment or any environmental value will fail to be dealt with under this Act as a result of the order. (2) Before making an order the Minister — (a) is to consult with the Minister responsible for the administration of the Health Legislation Administration Act 1984 and, if possible, reach agreement on any proposed aspect of the order relating to human health; and (b) may seek comments from any public authority or any person which or who has, in the opinion of the Minister, a direct interest in the proposed subject matter of the order. (3) The Minister may — (a) specify any conditions to which the order is subject; and (b) require specified persons or members of specified classes of persons to comply with any condition to which the order is subject. (4) The Minister is to fix the day on which an order made under subsection (1) comes into operation by notice to be published in the Gazette, unless the order is disallowed under section 42(2) of the Interpretation Act 1984 as applied by subsection (12). (5) The day fixed under subsection (4) is to be after there is no longer any possibility of the order ceasing to have effect under section 42(2) of the Interpretation Act 1984 as applied by subsection (12). (6) The Minister is to cause to be published in the Gazette in which an order is published a notice, for public information, setting out reasons for the making of the order. (7) Despite any other provisions of this Act, an order has effect according to its tenor subject to subsection (8). (8) An order ceases to have effect if — (a) a condition to which it is subject ceases to exist or is contravened; or (b) it is revoked under subsection (9). (9) Subject to subsection (10), the Minister may, with the approval of the Governor, by order revoke an order made under subsection (1). (10) Before revoking an order the Minister is to publish in the Gazette, at least 14 days before the day on which the Minister revokes the order, notice of the intention to revoke the order so that persons likely to be aggrieved by that revocation may make representations in writing to the Minister. (11) A person must not contravene a condition to which an order is subject. Penalty: $250 000, and a daily penalty of $50 000. (12) Section 42 of the Interpretation Act 1984 applies to an order as if that order were regulations within the meaning of that section, except that the reference in section 42(1) of that Act to 6 sitting days is for the purposes of this section to be construed as a reference to 9 sitting days. (13) Nothing in this section affects or prevents the application of section 43(8)(d) of the Interpretation Act 1984 to regulations made under this Act. (14) In this section — specified means specified in the order. Part 2 — Reporting, classifying and recording sites Division 1 — Reporting of sites 11. Reporting of known, or suspected, contaminated sites (1) A person may report to the CEO any site that the person knows, or suspects, is contaminated. (2) A report is to — (a) be in the prescribed form; (b) contain a description of the location and extent of the site sufficient to identify it; and (c) summarise the information on which the person bases their knowledge or suspicion that the site is contaminated. (3) Except as provided in subsection (5), a person referred to in subsection (4) must report to the CEO any site that the person — (a) knows is contaminated, within 21 days after the day on which the person first knew that the site was contaminated, or such later period as the CEO approves in writing before the expiry of that 21 days; or (b) suspects is contaminated, as soon as it is reasonably practicable to do so. Penalty: $250 000, and a daily penalty of $50 000. (4) The following persons have a duty to report a site under subsection (3) — (a) an owner or occupier of the site; (b) a person who knows, or suspects, that he or she has caused, or contributed to, the contamination; (c) an auditor engaged to provide a report that is required for the purposes of this Act in respect of the site. (5) It is a defence to a charge of an offence under subsection (3) for the person to prove that the person knew or believed on reasonable grounds that — (a) the site had already been reported to the CEO; (b) the contamination, or suspected contamination, was caused by a discharge of waste of which the CEO had already been notified under section 72 of the EP Act; or (c) the site was, or was to be, reported under a programme approved by the CEO under section 12, or in a programme submitted for that approval and approval has not been refused. (6) A person does not contravene subsection (3), even though he or she does not comply with that provision, during the period of 6 months after the commencement of this Act. (7) The CEO is to ensure that each owner and occupier of a site in relation to which the CEO has received a report is informed in writing within 14 days after the day on which the report was received that a report has been made under this section or that reasonable attempts have been made to do so. (8) Subsection (7) does not apply in respect of an owner or occupier who made the report. (9) A person must not report a site — (a) maliciously; and (b) without reasonable grounds to believe or suspect that the site was contaminated. Penalty: $250 000. 12. Programme for reporting sites (1) The CEO may approve a programme for the identification and reporting of sites described in the programme if the CEO is of the opinion that it is necessary or desirable to do so due to the number of sites or the complexity of adequately identifying sites or the location and extent of sites. (2) A programme may be approved under subsection (1) only if the programme is submitted to the CEO for approval within 6 months after the commencement of this Act. (3) A programme submitted to the CEO is to specify — (a) the sites or types of sites to be identified and reported under the programme; (b) the methods to be used to identify the sites to be reported under the programme; (c) the timetable proposed for the identification and reporting of sites under the programme; (d) the time within which the programme is to be completed; and (e) reasons why it is considered necessary or desirable for the sites to be identified and reported under this section. (4) The CEO may, by written notice given to a person who has had a programme approved under subsection (1), amend the programme subject to subsection (5). (5) A programme is not to be amended so as to — (a) reduce the time within which the programme is to be completed; or (b) increase the extent of the identification or reporting to be carried out under the programme, unless the person who submitted the programme for approval has agreed in writing to the amendment. (6) A person who has had a programme for the reporting of sites approved under subsection (1) must ensure that sites are identified and reported — (a) in accordance with the programme; and (b) within the time specified in the programme for the completion of the programme. Penalty: $250 000, and a daily penalty of $50 000. (7) In subsection (6)(a) — programme includes, where relevant, a programme as amended under this section. Division 2 — Classification of sites 13. CEO to classify sites (1) Subject to this section, the CEO is to classify a site when required to do so under this Act, and may classify a site at any other time. (2) The CEO may classify a site more than once and a site is classified as of the classification most recently conferred on it. (3) The CEO is to classify a site as of the classification set out in the first column of Schedule 1 which corresponds, in the CEO's opinion, on reasonable grounds, to the criterion that applies to the site set out opposite the classification in the second column of that Schedule. (4) In classifying a site the CEO is to take into account — (a) any relevant guidelines; (b) currently accepted industrial standards; and (c) any other information the CEO considers relevant, with respect to the identification, assessment, classification or management of contamination. (5) Before classifying a site the CEO — (a) is to consult with the CEO of the Health Department and, if possible, reach agreement on the classification of the site; and (b) may seek comments from any public authority or any person which or who has, in the opinion of the CEO, a direct interest in the classification of the site. (6) If the CEO and the CEO of the Health Department cannot agree on the classification of a site the Minister and the Minister responsible for the administration of the Health Legislation Administration Act 1984 are to appoint a person to classify the site. 14. Classification of reported sites (1) After receiving a report under section 11 or 12 the CEO is to inquire into the report and unless the site is already classified is to classify the site — (a) within 45 days after receiving that report; or (b) if, in the opinion of the CEO, there are particular circumstances which make it difficult to classify the site within that time, within such further time as the CEO decides is necessary to classify the site. (2) The CEO is to cause written notice of a decision under subsection (1)(b) to be given, or to ensure that reasonable attempts have been made to do so — (a) to the same persons as are to be given notice of the classification of the site under section 15(1)(a) to (f); and (b) within 45 days after receiving the relevant report under section 11 or 12. 15. Notice of classification is to be given (1) As soon as is practicable after a site is classified, and in any event not later than 10 days after the site is classified, the CEO is to cause written notice of the classification of the site to be given, or to ensure that reasonable attempts have been made to do so, to — (a) each owner of the site; (b) an occupier of the site; (c) any relevant public authority; (d) any other person whom, in the opinion of the CEO, there is particular reason to notify; (e) a person who made the relevant report under section 11 or 12; and (f) in respect of a site classified as contaminated — remediation required, each person who, in the opinion of the CEO, may be a person responsible for remediation of the site. (2) Subject to subsection (3), notice of a classification may be given by way of — (a) a notice under Part 4; (b) a certificate of contamination audit, in respect of a classification referred to in subsection (3); or (c) any other written notice. (3) Written notice of a classification may be given by way of a certificate of contamination audit only where a certificate has been requested under section 62 and in respect of the following classifications — (a) not contaminated — unrestricted use; (b) contaminated — restricted use; (c) remediated for restricted use; (d) contaminated — remediation required; or (e) decontaminated. (4) Notice of the classification of a site as — (a) contaminated — restricted use; (b) remediated for restricted use; or (c) contaminated — remediation required, is to specify the restrictions on the use of the site. (5) Notice of the classification of a site is to — (a) state that the site has been classified under this Act; (b) state the category of classification of the site; (c) contain a description of the location and extent of the site sufficient to identify it; (d) provide brief reasons for the classification of the site, with reference to the guidelines and any standards or other information taken into account under section 13(4); (e) contain details of any appeal available under this Act in respect of the classification of the site, or the inclusion of land in the site; (f) briefly and accurately summarise the effects of section 68 if the site is classified as — (i) contaminated — remediation required; (ii) contaminated — restricted use; or (iii) remediated for restricted use. 16. Site classified as possibly contaminated — investigation required A site classified as possibly contaminated — investigation required is to remain so classified until classified as — (a) contaminated — remediation required; (b) contaminated — restricted use; (c) remediated for restricted use; (d) not contaminated — unrestricted use; or (e) decontaminated. 17. Database and records to be adjusted As soon as is practicable after classifying a site, and in any event not later than 10 days after doing so, the CEO is to ensure that the database and records are adjusted to reflect the classification. Division 3 — Appeals against classification 18. Appeals against classification (1) A person who reports a site under section 11 or 12 may appeal against a classification of that site as report not substantiated. (2) A person who is — (a) an owner; or (b) an occupier, who has been given notice under section 15(1)(b), of a site classified as — (c) possibly contaminated — investigation required; (d) decontaminated; or (e) not contaminated — unrestricted use, may appeal against the classification, or the inclusion in the site of land of which the person is an owner or occupier. (3) A person who is — (a) responsible for remediation; (b) an owner; or (c) an occupier, who has been given notice under section 15(1)(b), of a site classified as — (d) contaminated — remediation required; (e) contaminated — restricted use; or (f) remediated for restricted use, may appeal against the classification, or the inclusion in the site of land of which the person is an owner, occupier or responsible for remediation. (4) An appeal is to be brought, dealt with and determined in accordance with Part 8. Division 4 — Contaminated sites database and other records 19. Contaminated sites database — public access (1) The CEO is to keep an accurate and up to date contaminated sites database containing — (a) a list of all sites classified as — (i) contaminated — remediation required; (ii) contaminated — restricted use; (iii) remediated for restricted use; (b) a description of the location and extent of each of those sites sufficient to identify it; and (c) a description of the nature and extent of the known contamination of each of those sites. (2) The CEO is to ensure that members of the public have access, free of charge, to the contaminated sites database. 20. Other records to be kept (1) The CEO is to keep accurate and up to date records containing — (a) information on contaminated underground water; (b) copies of all of the following documents — (i) reports made under section 11 or 12; (ii) programmes for the reporting of sites approved under section 12; (iii) notices of the classification of a site given under section 15; (iv) notices given under Part 4; (v) management plans submitted to the CEO; (vi) sampling and analysis programmes given to the CEO under section 49(4)(d); (vii) memorials lodged under section 58; (viii) disclosure statements made under section 64; (ix) certificates of contamination audit; (x) exemption certificates; (xi) notices given under section 39(1); (xii) details of decisions published under section 83(2); (xiii) approvals given to the transfer of responsibility for remediation under section 30(1)(b) and (2); (xiv) agreements to a transfer of responsibility for remediation under section 31; (xv) written disclosures made under section 68; and (c) such other information and documents as the CEO considers appropriate. (2) The records may be wholly or partly compiled, recorded or stored in written form or on microfilm, or by electronic or other means or in any other form the CEO considers appropriate. (3) The records are to be retained by the CEO for such period as is determined by the CEO. 21. Public access to records (1) The CEO is to ensure that a person who has, in the prescribed manner, requested access to a summary of records in respect of land specified in the application, and paid any fee prescribed, is given access to, or copies of, the summary of records. (2) In this section — summary of records means a summary, or copies, of such information and documents from the records as are prescribed, in the form prescribed, for the purposes of this section. Part 3 — Remediation of contaminated sites Division 1 — Person responsible for remediation 22. Reference to person responsible for remediation includes all persons responsible (1) More than one person may be responsible for remediation of a site. (2) If more than one person is responsible for remediation of a site, each person is responsible for that remediation to the extent provided in accordance with this Part. (3) Unless the contrary intention appears, a reference in this Act to a person, or the person, responsible for remediation of a site, is to be construed as including each person responsible for remediation of the site to the extent that the person is responsible in each case under this Part. (4) A person's responsibility for remediation of a site under a provision of this Part is in addition to any other responsibility for remediation of the site that the person has under another provision of this Part. 23. Sites classified as contaminated — remediation required are to be remediated The only sites that are required to be remediated under this Act are sites classified as contaminated — remediation required. 24. Who is responsible for remediation — hierarchy of responsibility (1) A person is responsible for remediation of a site — (a) in accordance with section 25, if the person has caused, or contributed to, the contamination of the site; (b) in accordance with section 26, if the person is an owner or occupier of the site who has changed, or proposes to change, the use to which land that comprises all, or part, of the site is put; and (c) in accordance with section 27, if the person is an owner of the site, or of a source site. (2) Subsection (1) has effect subject to — (a) section 28; (b) responsibility of the State for remediation under section 29 (except where provision is made to the contrary in section 26(2)(b) and 27(1)(d)); (c) responsibility for remediation being transferred under section 30(1)(a); and (d) a decision made under section 54. [Section 24 amended: No. 40 of 2005 s. 5.] 25. Person who caused, or contributed to, contamination — responsibility for remediation (1) A person is responsible for remediation of a site to the extent that the person caused, or contributed to, the contamination of the site after the commencement of this Act. (2) Subsection (1) applies whether the contamination resulted from an act that was done with lawful authority