DRAFT Contaminated Lands Management Policy

The Policy should be considered when preparing local environmental plans, plans of management and development control plans or when considering applications for development or providing advice in relation to Planning Certificates.

Land is contaminated when a substance is present in, on or under land at a concentration above that normally found that presents a risk of harm to human health or the environment.

Yes. If the land has been used for a contaminating purpose in the past then there will need to be at least a preliminary site Investigation undertaken prior to any development approval for a dwelling.

A contaminating purpose can be agriculture where there has been pesticide or other chemical applications on the land.

Yes. A change of use or a small development can increase the risk of harm.

Yes. All land that becomes or is contaminated particularly where there is a risk of harm needs to be notified to the EPA.

This obligation to report affects all landowners who are aware of contamination or who should reasonably be expected to be aware that contamination potentially has occurred.

Land only needs to be investigated and potentially remediated when there is a public health risk or prior to development occurring so as to make the land suitable for its intended use, so that there is no risk of harm.

Yes. There are different levels of reporting required at each stage of the  land contamination investigation process. The stages of reporting are as follows:

1. Preliminary Investigation

2. Detailed Investigation

3. Remediation Action Plan

4. Validation, Monitoring and Remediation Reporting.

Further investigation and reporting up through each stage is dependent on the findings of the most recent stage. For example- A Preliminary Investigation Report (first stage report) may conclude that no further investigation into contamination is warranted. 

No. The Guidelines require Council to be furnished with reports prepared by appropriately qualified and certified professionals.

Currently there is no system for accrediting environmental consultants in NSW however certification is expected to come into affect before 2018. Minimum qualifications for consultants are specified in the1992 ANZECC guidelines. For industrial contamination issues the EPA generally requires consultants to be able to comply with these requirements.

As a transition measure prior to certification consultants should have

• tertiary qualifications in a relevant discipline, such as environmental engineering

• a thorough understanding of the issues involved in contamination testing and the relevant EPA and ANZECC guidelines

• a certificate from a recognised insurance company stating that they have professional indemnity insurance for at least $2,000,000, and that the insurance company understands that the consultant is engaging in contaminated land investigations.

No. Council is obliged to inform the public about contamination and to provide certain notifications on land as part of a planning certificate under s149 of the Environmental Planning and Assessment Act and under the Contaminated Land Management Act in relation to contaminated land.

Council can also provide other information of which it might be aware involving potential contamination on a s149(5) certificates.