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Search the contaminated land record of notices
What is in the record of notices?
The contaminated land public record is a searchable database of
- orders made under Part 3 of the Contaminated Land Management Act 1997 (CLM Act)
- notices available to the public under section 58 of the CLM Act
- approved voluntary management proposals under the CLM Act that have not been fully carried out and where EPA approval has not been revoked
- site audit statements provided to the EPA under section 53B of the CLM Act that relate to significantly contaminated land
- where practicable, copies of anything formerly required to be part of the public record
- actions taken by EPA (or the previous State Pollution Control Commission) under sections 35 or 36 of the Environmentally Hazardous Chemicals Act 1985 (EHC Act)
Sections 35 and 36 of the EHC Act have been repealed. Notices under these sections are treated by the CLM Act as management orders.
Notices
Actions taken by the EPA involve written notices. Section 58 of the CLM Act requires the EPA to make copies or details of these notices available to the public. As a result, the record includes all notices issued under the CLM Act including those prior to the commencement of the CLM Amendment Act 2008 on 1 July 2009.
Notices issued before 1 July 2009 are listed under the former CLM Act section numbers. For example, a declaration of a remediation site is listed under notice '21'.
| Terminology prior to 1July 2009 | Former CLM Act section | Terminology on or after 1 July 2009 | Current CLM Act section |
|---|---|---|---|
|
Not applicable |
Nil |
Preliminary investigation orders |
Section 10 |
|
Declaration of an investigation area |
Section 15 |
Declaration of significantly contaminated land |
Section 11 |
|
Declaration of a remediation site |
Section 21 |
Declaration of significantly contaminated land |
Section 11 |
|
Investigation orders |
Section 17 |
Management orders |
Section 14 |
|
Remediation orders |
Section 23 |
Management orders |
Section 14 |
|
Voluntary investigation proposals |
Section 19 |
Approved voluntary management proposals |
Section 17 |
|
Voluntary remediation proposals |
Section 26 |
Approved voluntary management proposals |
Section 17 |
|
Maintenance of remediation notice |
Section 28 |
Ongoing maintenance orders |
Section 28 |
|
Site audit statement |
Section 53B |
Site audit statement |
Section 53B |
The EPA has prepared a Notification Policy to allow transparency in the declaration process.
What is not in the record of notices?
Section 60 notifications
The record only includes documents that must be placed on the record by section 58 of the Contaminated Land Management Act (CLM Act). It does not include notifications under section 60 of the CLM Act.
Under section 60, a person whose activities have contaminated land or a landowner whose land has been contaminated are required to notify the EPA when they become aware of the contamination. These notifications are not an accurate indicator of the EPA's regulatory involvement with contaminated land under the CLM Act as
- section 60 notification is only one way the EPA may become aware of contaminated sites, for instance, a third party may notify the EPA
- notification under section 60 does not automatically mean the EPA will regulate a site under the CLM Act – the EPA will determine if it has reason to believe that the land is contaminated and that the contamination is significant enough to warrant regulation, and if it is not, will not regulate the site
Section 29 Restrictions and Covenants
The EPA may, under section 88E of the Conveyancing Act 1919, impose restrictions on the use of, or impose public positive covenants on, any land which was previously subject to a management order or an approved voluntary management proposal for the purpose of the ongoing management of the land. This information is not required to be included on the record of notices but is attached to the title of the land.
Personal information
Certain personal information is not displayed in this record because of the requirements of the Privacy and Personal Information Protection Act 1998, which prohibits disclosure of
- the name of an individual who is the occupier, owner or person responsible for contamination of a contaminated site
- the address of such an individual, except in certain circumstances
To obtain this information, you must complete a statutory declaration that clearly states the information you require and how you intend to use it, and send it to Director Contaminated Land Management, Environment Protection Authority, PO Box A290, Sydney South 1232.
Access will be determined in accordance with the requirements of the privacy laws.
Updating the record
The record is updated as notices are issued. Notices will generally appear on the record within 2 weeks of being issued.