Notified and regulated contaminated land

Policy for publishing notices about land regulated under the Contaminated Land Management Act 1997

When the Environment Protection Authority (EPA) has declared that land contamination is significant enough to warrant regulation or that land has ceased to be significantly contaminated land under the Contaminated Land Management Act 1997 (CLM Act), the CLM Act requires that all identified interested parties are notified of the declaration. The declaration must be made by a notice that is published. The EPA is required to publish the notice using the methods described below

Publishing

Upon finalising a declaration made under section 11 of the CLM Act, the EPA must notify identified interested parties and the public of the declaration using the following methods

  • Publish a copy of the notice in the Government Gazette
  • Serve a copy of the notice to the owner of the land, those persons who the EPA has reason to believe are responsible for the contamination, the occupier of the land and the local authority
  • Publish a record of the declaration on the contaminated land - record of notices on the EPA website

Upon revoking a declaration the EPA will serve a copy of the notice to the persons on whom the declaration was served and publish a record of the notice on the contaminated land - record of notices on the EPA website.

Additional communication actions

Depending on the circumstances of contamination, for example where the contamination has been considered to have a significant regional impact, the following additional actions may also be undertaken

  • issue a media release
  • issue a letter to relevant stakeholders or government organisations
  • advise the local community of the contamination and its actual or potential impacts by a letter box drop
  • advertise its intention to regulate in the relevant newspapers
  • require the responsible person to develop and implement community communication strategies about the contamination and how it is being addressed
  • other equivalent action as necessary

The Environment Protection Authority (EPA) and the State of New South Wales (as the case may be) have taken all reasonable care to ensure that the information on this website is complete and correct. The EPA and the State do not, however, warrant or represent that it is free from errors or omissions or that it is exhaustive.

The EPA or the State may, without notice, change any or all of the information on this website at any time. 

You should obtain independent advice before you make any decision based on the information on this website. 

The information on this website is made available on the understanding that the EPA and the State, their servants and agents, to the extent permitted by law, accept no responsibility for any damage, cost, loss or expense incurred by you as a result of

  • any information on this website; or
  • any error, omission or misrepresentation on this website; or 
  • any malfunction or failure to function of this website;
  • without limiting (2) or (3) above, any delay, failure or error in recording, displaying or updating information
Site status Explanation
Under assessment The contamination is being assessed by the EPA to determine whether regulation is required. The EPA may require further information to complete the assessment. For example, the completion of management actions regulated under the planning process or Protection of the Environment Operations Act 1997.
Under Preliminary Investigation Order
The EPA has issued a Preliminary Investigation Order under s10 of the Contaminated Land Management Act 1997, to obtain additional information needed to complete the assessment.
Regulation under CLM Act not required
The EPA has completed an assessment of the contamination and decided that regulation under the Contaminated Land Management Act 1997 is not required.
Regulation being finalised
The EPA has completed an assessment of the contamination and decided that the contamination is significant enough to warrant regulation under the Contaminated Land Management Act 1997. A regulatory approach is being finalised.
Contamination currently regulated under CLM Act
The EPA has completed an assessment of the contamination and decided that the contamination is significant enough to warrant regulation under the Contaminated Land Management Act 1997 (CLM Act). Management of the contamination is regulated by the EPA under the CLM Act. Regulatory notices are available on the EPA’s Contaminated Land Public Record.
Contamination currently regulated under POEO Act
Contamination is currently regulated under the Protection of the Environment Operations Act 1997 (POEO Act).  The EPA as the appropriate regulatory authority reasonably suspects that a pollution incident is occurring/ has occurred and that it requires regulation under the POEO Act. The EPA may use environment protection notices, such as clean up notices, to require clean up action to be taken.  Such regulatory notices are available on the POEO public register.
Contamination being managed via the planning process (EP&A Act)
The EPA has completed an assessment of the contamination and decided that the contamination is significant enough to warrant regulation. The contamination of this site is managed by the consent authority under the Environmental Planning and Assessment Act 1979 (EP&A Act) planning approval process, with EPA involvement as necessary to ensure significant contamination is adequately addressed. The consent authority is typically a local council or the Department of Planning and Environment.
Contamination formerly regulated under the CLM Act
The EPA has determined that the contamination is no longer significant enough to warrant regulation under the Contaminated Land Management Act 1997 (CLM Act). The contamination was addressed under the CLM Act.
Contamination formerly regulated under the POEO Act
The EPA has determined that the contamination is no longer significant enough to warrant regulation. The contamination was addressed under the Protection of the Environment Operations Act 1997 (POEO Act).
Contamination was addressed via the planning process (EP&A Act)
The EPA has determined that the contamination is no longer significant enough to warrant regulation. The contamination was addressed by the appropriate consent authority via the planning process under the Environmental Planning and Assessment Act 1979 (EP&A Act).
Ongoing maintenance required to manage residual contamination (CLM Act)
The EPA has determined that ongoing maintenance, under the Contaminated Land Management Act 1997 (CLM Act), is required to manage the residual contamination. Regulatory notices under the CLM Act are available on the EPA’s Contaminated Land Public Record.

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