Environment, Climate Change and Water

Index:

Contaminated land

Duty to report contamination guidelines

To assist stakeholders in understanding their obligations in reporting certain contaminated sites to DECC, DECC has finalised the guidelines on the duty to report contamination under the Contaminated Land Management Act 1997 after consultation with stakeholders.

Download

Guidelines on the Duty to Report Contamination under the Contaminated Land Management Act 1997 (09438gldutycontclma.pdf, 234KB)

Contaminated land can have major economic, legal and planning implications for the community. Contamination can limit land use potential or increase costs for developers and councils. Their investigation and clean-up is important to protect human health and the environment.

Although contaminated sites may occur anywhere, they are typically clustered in areas which have been used for heavy industry or chemically intensive agriculture. They may also include residential properties, for example, from flaking of lead-based paints or excessive pesticide use.

In very broad terms, the management framework for contaminated land in NSW consists of two tiers:

DECC, which uses its powers under the Contaminated Land Management Act 1997 (CLM Act) to deal with site contamination that is significant enough to warrant regulation under the CLM Act given the site’s current or approved use; and
Local councils deal with other contamination under the planning and development framework, including State Environmental Planning Policy No. 55 – Remediation of Land and the Managing Land Contamination – Planning Guidelines. This type of site, although contaminated, does not pose an unacceptable risk under its current or approved use. The planning and development process will determine what remediation is needed to make the land suitable for a different use.

More information on contaminated land management in NSW

Role of DECC (including steps in regulating sites under the CLM Act)
Role of planning authorities
Process and outcomes of the review of the CLM Act
Policy on former unhealthy building land sites.

More information on the following contaminated land topics

The NSW site auditor scheme aims to ensure proper management of contaminated land by providing a pool of accredited 'site auditors' who can be engaged to review investigation, remediation and validation work conducted by contaminated land consultants.
Details of all guidelines under the CLM Act made or approved by DECC.
Environment protection notices issued under the CLM Act, the names of sites and owners or occupiers and copies of site audit statements.
Information on engaging a consultant for contaminated site investigations and remediation in NSW.
Information on remediation of former gasworks sites.
Laws applying to underground petroleum storage systems.
Information on preventative approaches
Frequently asked questions about contaminated land.