Contaminated land: the role of DECC
DECC was formed in April 2007, bringing together a number of agencies within the NSW environment portfolio. A predecessor agency, the EPA, still exists and retains its powers as a statutory entity. In regulatory matters, DECC officers act under the EPA's special powers and all legal documents and instruments, such as notices and licences, refer to the EPA.
Legislation
The Contaminated Land Management Act 1997 (CLM Act) sets out the role of the EPA and the rights and responsibilities of parties it might direct to investigate or remediate land contamination that presents a significant risk of harm to human health or the environment.
The Contaminated Land Management Regulation 1998 prescribes a number of matters for the purposes of the CLM Act.
Significant risk of harm
'Significant risk of harm' refers to the status of a site where the contamination is considered to be serious and requires EPA regulatory intervention.
Section 9 of the CLM Act defines matters to be considered by the EPA in assessing a site to determine whether or not contamination presents a significant risk of harm to human health and/or the environment.
|
|
If the EPA has reasonable grounds to believe that contamination at a site presents a significant risk of harm, according to section 7 of the CLM Act it may do any of the following:
- make records of the evidence of the contamination, risk and harm, or ensure such records are made;
- investigate that evidence and seek further information;
- employ community-based strategies to minimise the contamination, risk or harm through education and public awareness;
- declare the land to be an investigation area, and order persons to investigate it;
- declare the land to be a remediation site, and order persons to remediate it; and/or
- any other thing that the EPA may lawfully do.
The EPA must consider the matters listed in section 9(1) of the CLM Act, and may also consider site-specific factors.
See Guidelines on Significant Risk of Harm from Contaminated Land and the Duty to Report
Duty to notify
Polluters and owners of land who become aware that the land has been contaminated and that the contamination presents a significant risk of harm must notify the EPA as soon as practicable after becoming aware of this. This duty to notify is a requirement under section 60 of the CLM Act.
See Guidelines on Significant Risk of Harm from Contaminated Land and the Duty to Report. There is also a duty to notify pollution incidents under the Protection of the Environment Operations Act 1997 (POEO Act).
There is also a under the Protection of the Environment Operations Act 1997 (POEO Act).
Remediation of contaminated land
The EPA may declare the land to be an investigation area and order persons to investigate it. It may declare land to be a remediation site and order persons to remediate it. The EPA is also able to agree to appropriate voluntary investigation or remediation proposals, which anyone can put forward.
In some cases the EPA may decide that the contamination risks can be addressed through the planning process, in which case regulation under the CLM Act may not be required.
The CLM Act applies the 'polluter pays' principle in pursuing the investigation and clean-up of contaminated land.