Review of the Contaminated Land Management Act
Proposed Amendments to the Contaminated Land Management Act
The draft Contaminated Land Management Amendment Bill 2007 (CLM Bill) is an important enhancement to the CLM Act. The CLM Bill (see below) was prepared in response to the review of the CLM Act.
- Download CLM Bill, clmbill.pdf (790kb, requires Acrobat Reader)
Summary
The review highlighted areas which will provide greater clarity, as well as simplify and streamline regulatory procedures under the CLM Act. Briefly, the amendments include:
- New powers to order a preliminary investigation to assist the EPA with decision making;
- Streamline the two distinct investigation and remediation stages;
- Clarification that more than one individual may be the persons responsible for contamination;
- New regulation-making powers for pollution "off-set" programs (introduction of any off-set program will be the subject of a new regulation and further public consultation);
- Clarification that the EPA can approve a voluntary proposal subject to conditions;
- Ensuring the EPA can issue notices under the Protection of the Environment Operations Act (POEO Act) in connection with the regulation of a contaminated site under the CLM Act;
- New terminology for sites regulated under the CLM Act;
- Providing a set of clearer, more objective criteria for the triggers to report contamination to the EPA;
- Enabling EPA or a local authority to disclose information with regard to statutory site audits;
- Creating an offence of providing false or misleading information; and
- Making other minor housekeeping amendments.
Comments and submissions
You are invited to make comments and submissions to the Department of Environment and Climate Change (DECC) in relation to the CLM Bill:
By email to : clm.bill@environment.nsw.gov.au
By post to: the Manager, Contaminated Sites Section, Department of Environment and Climate Change, PO Box A290, Sydney South NSW 1232.
Comments and submissions should be received in writing before close of business on 12th October 2007.
Review of the Contaminated Land Management Act
The review of the Contaminated Land Management Act 1997 (CLM Act) in 2003 reflects the commitment of the New South Wales Government to the ongoing improvement of the management of contaminated sites to ensure that human health and the environment are protected.
Process leading to the proposed amendment
The CLM Act was reviewed in 2003. Public consultation is a very important aspect of the CLM Act review. The review process included the release of an issues paper in July 2003, followed by a series of five public consultation meetings held in Wollongong, Armidale, Newcastle, Parramatta and Sydney. In total, 135 participants attended these forums. They were run by an independent facilitator and were open to anyone who wished to contribute to the review of the Act.
At the meetings participants were divided into small discussion groups, each with its own facilitator, and the outcomes of the discussions were reported back to the full gathering. Participants' comments in both the discussion groups and the report-back sessions were recorded in writing, and participants were sent a copy. A further 13 written submissions were received by the EPA from a variety of organisations and individuals.
- Download issues paper, clmissuespaper.pdf (195kb, requires Acrobat Reader)
Outcomes of the review
A report summarising the findings of the review was tabled in Parliament. It draws on the results of public meetings and written submissions and on general feedback from the public and within the Department of Environment and Conservation.
- Download report, Review of the Contaminated Land Management Act (clmreviewpaper.pdf, 238kb, requires Acrobat Reader)