About the CLM record of EPA notices
What's in the record?
The contaminated land public record is a searchable database of:
- actions taken by the EPA under section 15, 17, 19, 21, 23, 26 or 28 of the Contaminated Land Management Act 1997 (CLM Act)
- actions taken by the EPA under section 35 or 36 of the Environmentally Hazardous Chemicals Act 1985 (EHC Act) *
- site audit statements provided to the EPA under section 52 of the CLM Act on sites subject to an in-force declaration or order
* Some notices under section 35 of the EHC Act 1985 were issued by the State Pollution Control Commission, which was the NSW government agency responsible for managing contaminated sites before the EPA was established in 1992.
Notices
Actions taken by the EPA involve written notices. Section 58 of the Contaminated Land Management Act 1997 requires the EPA to make available copies or details of these notices to the public.
Specifically, the 'notices' in the record are:
- copies of declarations of land as investigation areas or remediation sites
- copies of investigation orders
- copies of remediation orders
- copies of site audit statements provided to the EPA for site audits carried out for the purposes of a statutory requirement and relating to land that is subject to a declaration or order that is in force
- notes of the existence of voluntary investigation or remediation proposals agreed to by the EPA
- copies of notices requiring the maintenance of remediation action
Area number
An area number is a unique number used by the EPA to identify a particular area of land that is regulated by the EPA under the CLM Act. The same area number links all EPA notices issued under the Contaminated Land Management Act 1997 in relation to that area of land. In the past it was also known as a UB number. The UB stood for unhealthy building (land) and was related to the Unhealthy Building Land Act 1990, which has now been repealed. The area number is generally a four-digit number starting with a 3, e.g. 3456.
More about unhealthy building land.
What's not in the record
Section 60 notifications
The record includes only notices prescribed by section 58 of the Contaminated Land Management Act 1997 (CLM Act). They do not include notifications under section 60 of the CLM Act.
Section 60 of the CLM Act requires an owner or polluter of land to notify the EPA if and when they become aware that contamination of land that they own or polluted poses a significant risk of harm to human health or the environment (see duty to notify pollution incidents). These notifications are not an accurate indicator of the EPA's regulatory involvement with contaminated sites under the CLM Act. For instance:
- Section 60 notification is only one way the EPA may become aware of contaminated sites. The EPA may also become aware by other means (for instance, a third party may notify the EPA); and
- Notification under section 60 does not automatically mean that a site will be regulated by the EPA under the CLM Act. The EPA makes its own decision about whether or not the contamination poses a significant risk of harm and whether regulation is necessary.
Voluntary investigation or remediation proposals
Section 58 of the Contaminated Land Management Act 1997 (CLM Act) states that only the existence of a voluntary investigation or remediation proposal to which the EPA has agreed to be noted on the CLM Act public record. Therefore full copies of these documents are not available on this record.
To obtain a copy you may make a Freedom of Information (FOI) application to the DEC. You may also request a copy directly from the proponent.
Personal information
Certain personal information that appears on the hard copy of the notices issued by the EPA is not displayed on this record because of the requirements of the NSW Privacy and Personal Information Protection Act 1998. The Act prohibits disclosure of the name of an individual who is the occupier, owner or polluter of a contaminated site or the address of such an individual.
To obtain this information you must complete a statutory declaration that clearly states the information you require and your intended use of the information, and send it to: Director Contaminated Sites, Environment Protection and Regulation Division, Department of Environment and Conservation, PO Box A290, Sydney South, 1232. Access will be determined in accordance with the requirements of the privacy laws.
Updating
The record is updated as notices are issued. Notices will generally appear in the record within a week of the notice being issued.
More information
Further information regarding this public record, and about sites that may be recorded in the Protection of the Environment Operations Act public register is available through the DEC Pollution Line or email: contlandmgnt@epa.nsw.gov.au
For information about a particular site you can also apply to the relevant local council for a certificate relating to the land under section 149 of the Environmental Planning and Assessment Act 1979.