Record of notices

The EPA triggers assessment and remediation of significantly contaminated land by sending written notices to those responsible for cleaning up the contamination. The EPA makes these notices, which include preliminary investigation orders, available to the public through the record of notices.

Before searching the record of notices, please read the disclaimer and the search tips.

Search the contaminated land record of notices

What is in the record of notices?

The contaminated land public record is a searchable database of

Sections 35 and 36 of the EHC Act have been repealed.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.

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