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4.3 Contaminated land

4.3.1 Overview

Key to terms used in this Fact Sheet

•  Act means the Contaminated Land Management Act 1997

•  DECCW means the NSW Department of Environment, Climate Change and Water

•  Department means the NSW Department of Environment, Climate Change and Water

•  Director-General means the Director-General of DECCW.

•  Environment Minister means the NSW Minister for Climate Change and the Environment

•  EPA means the NSW Environment Protection Authority, an independent statutory body within DECCW

•  LEC Act means the Land and Environment Court Act 1979

•  Minister means the NSW Minister for Climate Change and the Environment

Contaminated land is land that contains substances which are above naturally occurring levels that could be damaging to human health or the environment. They are usually the result of poor industrial practices in which the storage, handling and disposal of chemicals has not been well-managed.

The Contaminated Land Management Act 1997 (NSW) regulates seriously contaminated sites in NSW.1 The Act establishes a process for the EPA to identify, investigate and (where appropriate) order the remediation of land if the EPA considers the land to be significantly contaminated.2

Land which is contaminated is also regulated under the Environmental Planning and Assessment Act 1979, and SEPP 55 - Remediation of Land, whether or not the EPA has chosen to regulate the site under the Contaminated Land Management Act 1997.

Water and land pollution, which may cause contamination, is regulated under the Protection of the Environment (Operations) Act 1997. For more information on Pollution, see Fact Sheet 4.1 on Pollution.

The handling of hazardous chemicals and hazardous waste in NSW is regulated under the Environmentally Hazardous Chemicals Act 1985, and the use of pesticides is regulated under the Pesticides Act 1999. For more information on the regulation of hazardous chemicals and pesticides, see Fact Sheet 4.4 on Chemicals and Pesticides.

4.3.1.1 Useful web links

The Contaminated Land Management Act 1997 is administered by the Environment Protection Authority (EPA), an independent statutory body in DECCW. It is outlined in the contaminated land page of DECCW's website.

The EPA produces Guidelines to assist landowners, developers, site auditors and the public to understand the methods for assessing and managing contaminated land under the Contaminated Land Management Act 1997.3

4.3.1.2 Useful legal texts

  • Environmental & Planning Law in New South Wales, by Lyster, Lipman, Franklin, Wiffen and Pearson, The Federation Press (2007), Chapter 12, pp 527-534
  • The Environmental Law Handbook, Farrier and Stein, eds (2006), Chapter 9, pp 358-362

4.3.2 Identification and remediation of significantly contaminated land

4.3.2.1 Contaminated Land Management Act 1997

Seriously contaminated land is regulated in NSW under the Contaminated Land Management Act 1997. This legislation seeks to apply the principle of "polluter-pays" by imposing the obligation and cost of remediating contaminated land on the person who polluted it, rather than the community.

The Act sets out a process for identifying, remediating and managing contaminated land. It does not contain any provisions relating to a person's right to obtain damages in relation to contamination (eg because of damage to person or property). The Act expressly states that it does not limit or restrict any rights that a person may have to seek a remedy or damages under any other legislation or at common law.4

What is "contaminated land"?

"Contaminated land" is legally defined as land where a substance is present at a concentration higher than is normally found on land in the same area, where that substance presents a risk of harm to human health or the environment.5 It includes land where contamination has migrated onto it from another site.6

What is "remediation"?

"Remediation" refers to the process of addressing contamination by removing, dispersing, destroying, reducing or mitigating the contamination of a piece of land.7 It can also include eliminating or reducing any hazard arising from the contamination (eg by establishing fencing and notices to prevent the entry of people or animals onto the land).

Tips for making a complaint about contamination

If you are concerned about whether a particular site might be contaminated, you should contact the EPA, by either calling the Environment Line on 131 555 or by making a written complaint. The EPA issues Guidelines on a person's duty to report contamination.

If a member of the public informs the EPA of the actual or possible contamination of a site, then the EPA is under a statutory duty to respond to the complaint.8

The EPA must:

  • Respond to that person within a reasonable time of receiving the information; and
  • State (in writing - if the person notified them in writing) what the EPA has done in relation to the information.

If the complaint relates specifically to a decision by the EPA not to regulate a site (because the EPA has formed the view that the site is not sufficiently contaminated so as to warrant a declaration that the land is significantly contaminated or to impose a management order), then the EPA must provide a written statement of reasons to the person who made the complaint.9 The EPA must provide the statement within 30 days of receiving the request for reasons.

4.3.2.2 Responsible Minister and Department

The NSW Minister for Climate Change and the Environment is responsible for the administration of the Contaminated Land Management Act 1997.

Environment Protection Authority

The Act is administered by the EPA, an independent statutory authority within DECCW,

The EPA has a statutory duty to examine and respond to information that it receives of actual or possible contamination of land, and to address any contamination which it considers to be significant enough to require regulation under the Act.10 See DECCW's website for more information about contaminated land.

In carrying out its obligations to regulate contaminated land, the EPA must have regard to the principles of ecologically sustainable development, which include the precautionary principle, inter-generational equity, the need to conserve biodiversity, and the polluter-pays principle.11

The EPA is only responsible for regulating significantly contaminated sites, although it has a general duty to examine and respond to any information that it receives of actual or possible contamination of land.12 In cases where the contamination does not reach the threshold of "significant", the responsibility for regulating the site falls to the relevant local council.

4.3.2.3 Who can be held responsible for contaminated land?

The definition of who can be held responsible for the contamination of land under the Act is complex, but generally speaking, the Act seeks to apply the "polluter-pays" principle by imposing responsibility on the person who caused the contamination.

Under the Act, a person can be held responsible for the contamination of land if:13

  • the person caused the contamination of the land;
  • the person carried out an activity which converted a benign substance into a substance that did cause contamination; or
  • the person is the owner or occupier of the land and knew or ought reasonably to have known that contamination of the land would occur and the person failed to take reasonable steps to prevent the contamination.

A person who disturbs contamination on a site (eg by excavating a site and exposing contamination), can also be held responsible.14

The EPA has a broad discretion to target any one of these people for the purposes of issuing orders and directions to investigate or remediate a site.

Public authorities, such as local councils, are also bound by the Act and must comply with any order or direction of the EPA.15

Developer can become responsible

A developer who wishes to develop a contaminated site by changing it to a more sensitive use (eg by developing an ex-petrol station into a childcare centre) can become liable for any significant contamination when they lodge a development application or Part 3A major project application for the site.16 This is because if the change of use is approved, it will result in an increased risk of harm, even if the contamination itself does not change.

No contracting out of responsibility

A person who is responsible under the Act for causing contamination cannot contract out of their statutory liability for causing that contamination. This provision means, for example, that a person cannot avoid being liable to clean up a contaminated site because they passed on the risk of the site being found to be contaminated to a purchaser in a contract for sale of land.17

4.3.2.4 Investigation and remediation procedures

The Act allows the EPA to issue orders and directions to ensure that contaminated land is identified and, if necessary, remediated. It is an offence not to comply with these orders and directions, and the Act contains significant penalties for any failure to comply.

Preliminary investigation orders

Once the EPA becomes aware that a site may be contaminated, the EPA can order a person to carry out a preliminary investigation within a specified time. The investigation should determine whether the land is contaminated, and if so, with what substance and to what extent.18

The following people can be served with a preliminary investigation order:19

  • The person whom the EPA reasonably suspects of causing the contamination;
  • The land owner;
  • A notional owner (eg a mortgagee in possession);20
  • A public authority.
Declaration of significantly contaminated land

If the EPA has reason to believe that contamination is significant enough to warrant regulation under the Act, the EPA can declare the land to be "significantly contaminated land".21

The declaration must be published in the NSW Government Gazette, and any person then has 21 days to make submissions to the EPA on whether the EPA should serve a management order in relation to the land.22

The Act does not contain any requirement that the EPA notify the public of the declaration, although the EPA is required to publish a policy on DECCW's website setting out how it intends to notify the public about land that it has declared to be significantly contaminated.23

Management orders

Once the EPA has made a declaration that land is significantly contaminated, the EPA can then proceed to issue a management order directing somebody to carry out management actions on the land (such as remediation work).24 In addition to this, or as an alternative, the EPA can direct a person to submit, for the EPA's approval, a plan of management describing how the person proposes to deal with the contamination.25

The EPA can choose one of the following persons to give the order to:26

  • a person who is responsible for the significant contamination of the land;
  • an owner of the land (whether or not they are responsible for the contamination); and
  • a notional owner of the land (eg mortgagee in possession)(whether or not they are responsible for the contamination).

In deciding who to give the order to, the EPA must, as far as practicable, follow the hierarchy set out above (eg it must target the person responsible for causing the contamination over the owner of the land, if possible).27

The actions which a management order can require a person to carry out include:28

  • investigating the nature and extent of any significant contamination or harm;
  • remediating the land;
  • monitoring the effectiveness of the land;
  • erecting a fence, wall, bund or other barrier on the land;
  • treating, storing, containing or removing any solids or liquids, including any soil, sand, rock or water;
  • vacating the land or ceasing carrying on activities on it; or
  • refraining from further disturbing the land below a certain depth.

Remediation works may require development consent under SEPP 55 - Remediation of Land. See para 3 below for more information.

Director and manager responsibility

If a company which owns contaminated land is wound up or sells the land, a person who was a director or manager of the company can be directed to comply with a management order, at their own expense.29 These orders can only be made by the Land and Environment Court (not by the EPA), and can only be made within 2 years of the company being wound up or the land sold.30

The purpose of these orders is to ensure that managers and directors cannot avoid responsibility for remediating contaminated land simply by winding up the company which owns the land, or by selling the land.

Voluntary management proposals

As an alternative to receiving a management order, a person can approach the EPA with a voluntary management proposal setting out how they propose to manage a significantly contaminated site, which the EPA can approve.31

Ongoing maintenance orders

Remediation work can often take place over a long period of time, and monitoring of a site may be required for many years.

The Act allows the EPA to serve on an owner or occupier of land an ongoing maintenance order if the land has been the subject of a management order or an approved voluntary management proposal.32 For example, a maintenance order can require a person to maintain fences and notices, to notify the EPA of any change in ownership or occupancy, or can restrict the things that a site can be used for.

Statutory site audits

The EPA can require a person to carry out a site audit for the purpose of complying with any obligation under the Act.33 A site audit usually identifies the nature and extent of contamination on a site. Site audit reports and statements are carried out and prepared by site auditors who are accredited under the Act.34

4.3.2.5 Public registers

The EPA must make a range of documents available on DECCW's website and the EPA's main office, including:35

  • All notices issued by the EPA that land is significantly contaminated, or has ceased to be contaminated (section 11);
  • All preliminary investigation orders (section 10);
  • All management orders (section 14);
  • Any (active) voluntary management proposal; and
  • Any ongoing maintenance orders.36

4.3.2.6 Duty to report contamination

The Act requires people to notify the EPA of land which is contaminated.37

The obligation only arises if:

  • the contamination might enter neighbouring land, the atmosphere, groundwater or surface water, and
  • the level of contamination is likely to be above the level prescribed in the Regulation or Guidelines.

The following people have an obligation to notify:

  • A person whose activities have contaminated land; and
  • An owner of land that has been contaminated (whether before or during that person's ownership).

Failure to notify carries significant penalties. For example, a corporation which fails to notify of contamination it has caused can incur a maximum penalty of $165,000, plus $77,000 for each day the offence continues.

The EPA can still declare a site to be significantly contaminated or make a preliminary investigation order or management order, whether or not they have been notified that the site is contaminated.38

The EPA's publishes draft Guidelines on the duty to report contamination.

Note: If you are concerned about whether you should report contamination to the EPA, you should seek specific legal advice about your statutory responsibilities.

4.3.2.7 Community offset arrangements

The Environment Minister can enter into an offset arrangement with a person who is responsible for contamination of land.39 An offset arrangement could, for example, require the person to provide facilities or services to a local community, or could require the person to carry out an environmental project.

An offset arrangement can only be set up if the Minister considers that it is not practicable to remediate the contamination within a reasonable time.

4.3.2.8 Appeals

Merit appeals

A person who receives a management order can appeal against the order. This type of appeal is a merits appeal and will be heard in Class 1 of the Land and Environment Court. The appeal must be brought within 21 days of receiving the management order.40

The Act does not allow a merits appeal to be brought against any other types of orders or decisions by the EPA, such as declarations of significant contamination. However, an appeal in the judicial review jurisdiction of the Land and Environment Court may be available for these decisions (including for management orders).

For more information on merit appeals in Class 1 of the Land and Environment Court, see Fact Sheet 2.4.

Judicial review (civil proceedings)

A person who is of the view that a decision or action by the EPA was not made in accordance with the process and powers set out under the Act can challenge the validity of the decision in the Land and Environment Court. This is because the Act allows any person to bring civil proceedings to enforce the Act.41 Civil proceedings are brought in Class 4 of the Land and Environment Court 's jurisdiction.42

For more information on civil proceedings in the Land and Environment Court , see Fact Sheet 2.4 on the Land and Environment Court.

4.3.2.9 Enforcement

Clean-up and prevention notices

The EPA can issue a clean-up notice or direction, or a prevention notice in relation to contaminated land in the same way as it can for other pollution offences under the pollution laws (ie the Protection of the Environment (Operations) Act 1997 ).43

For more information on clean-up and prevention notices, see Fact Sheet 4.1 on Pollution.

Penalty notices

For minor offences under the Act, an authorised officer can issue a penalty notice. These are known as "penalty notice offences" and are listed in Schedule 1 to the Regulation, along with the prescribed penalty for each offence.44

A person can avoid having to go to court if they pay the penalty notice within the required time. Payment will not be regarded as an admission of liability.45

EPA can remediate site and seek costs from responsible person

If a person fails to comply with a direction or order to investigate or remediate land, the EPA or another public authority can step in and carry out the work themselves, and recover the costs from the person responsible.46

Criminal prosecutions

The EPA can bring criminal proceedings in the Land and Environment Court to prosecute a person (or corporation) if they have committed an offence under the Act (eg a failure to comply with a management order or ongoing maintenance order).47 The Court can impose significant fines for these offences, eg a fine of up to $137,500 with a daily penalty of up to $66,000 if a corporation fails to comply with a management order.48

Minor offences can be prosecuted before a Local Court or the Land and Environment Court, although the maximum penalty that a Local Court can impose is limited to $11,000.49

The Act allows any person to commence criminal proceedings in the Land and Environment Court if they wish, but they must obtain the leave (permission) of the Court first.50 The Court must not grant leave unless it is satisfied that the EPA has failed to take enforcement action within 90 days of being asked to do so, the proceedings are not an abuse of the court process, and the evidence discloses a prima facie case (strong case) that an offence was committed.51

Civil enforcement proceedings

The Act allows any person to bring civil proceedings to enforce the Act.52 This means that any member of the public can bring proceedings to challenge a decision made by the EPA under the Act on the basis that the decision is legally invalid, and the Court can make orders to remedy or restrain the breach, such as a declaration (that the law has been breached), an injunction or a remediation order.

Civil proceedings are brought in Class 4 of the Land and Environment Court 's jurisdiction.53

For more information on civil proceedings in the Land and Environment Court , see Fact Sheet 2.4 on the Land and Environment Court.

4.3.3 Development of contaminated sites

SEPP 55 - Remediation of Land establishes a Statewide approach for the regulation of development on contaminated sites (whether or not they are also regulated by the EPA).

In particular, SEPP 55 - Remediation of Land:

  • requires contamination to be taken into account in rezoning decisions;
  • establishes when development consent is (and is not) required to remediate or develop a contaminated site; and
  • requires consent authorities to consider any contamination when deciding whether to grant consent to a development application.

Both remediation work, and any development which is to be built on a remediated site, may require development consent. There is also some cross-over between the Act and the need for development consent, in that remediation which is ordered by the EPA may also require development consent before that work can be carried out.

4.3.3.1 Rezoning must consider contamination

Local councils, in conjunction with the NSW Department of Planning, control land use by making local environmental plans which establish various land use zones within their local government area. These establish whether land can be used, for example, as residential, commercial, industrial or educational uses.

SEPP 55 - Remediation of Land requires local councils, in certain cases, to consider the implications of any actual or potential contamination before rezoning land, including whether the land will be suitable for its proposed uses.54

For example, if it is proposed to rezone land to allow a sensitive use, such as for residential, educational, recreational or child care purposes, then a council must consider the potential for the site to be contaminated.55 This applies if it is known that the site is contaminated, or if it is merely a possibility, that the site might be contaminated, having regard to the activities that the site was previously used for. Before rezoning such land, the council must obtain and consider a preliminary investigation report on the actual or potential contamination.56

4.3.3.2 EPA must notify councils

Local councils should be aware of site contamination because they have access to past land use records which should indicate whether contaminating activities have been carried out on a site, and also because the EPA is under an obligation to notify them of any contamination.

In particular, the EPA must, as soon as practicable, inform the local council if land in their local government area:57

  • is declared to be significantly contaminated (or ceases to be);
  • is subject to a management order;
  • is subject to a voluntary management proposal; or
  • is subject to an ongoing maintenance order.

4.3.3.3 Section 149 planning certificates

Under section 149 of the Environmental Planning & Assessment Act 1979 ( EP&A Act ), a person can obtain a planning certificate for a particular parcel of land which identifies the planning constraints on that land (eg the zoning, and SEPPs which apply, etc). This is called a "section 149 certificate", or a "planning certificate".

In addition to any zoning constraints, the Act also requires a planning certificate to identify whether the land is:58

  • significantly contaminated;
  • subject to a management order;
  • subject to an approved voluntary management proposal;
  • subject to an ongoing maintenance order; or
  • subject to a site audit statement.

4.3.3.4 When is development consent required?

SEPP 55 - Remediation of Land sets out when development consent is, and is not, required for remediation work and any redevelopment of a contaminated site.59 It overrides any local environmental plan, but does not override the provisions of another SEPP which can require development consent for remediation activities.60

Category 1 work requires development consent

Remediation work which requires development consent (called "Category 1 remediation work") includes any work that is:61

  • designated development;
  • carried out on land that is declared to be critical habitat (for threatened species);
  • likely to have a significant effect on critical habitat or a threatened species;
  • development which another SEPP says needs development consent;62 or
  • which will be carried out in an environmentally sensitive zone, such as a coastal area.
Category 2 requires notification

All other remediation work (ie which is not Category 1) does not need consent (this is called "Category 2 remediation work), unless an exception applies.63 Even though Category 2 remediation work does not need development consent, a person who proposes to carry out such work must give at least 30 days written notice to the council before starting the work.64

The consent authority for remediation work will usually be the local council, unless an environmental planning instrument specifies otherwise.65

4.3.3.5 Development applications

Advertised development

Development applications for Category 1 remediation work (ie work which requires consent) is deemed to be "advertised development", unless the remediation work is designated development or State significant development. This means that notice of the development application must be published in a newspaper, the development application must be placed on public exhibition, and public submissions must be invited for at least 30 days after the date of publication.66

For more information on advertised development, see Fact Sheet 2.2 on development approvals and consents.

Part 3A Major Projects

The remediation of contaminated sites is listed in SEPP (Major Development) 2005 as a class of development which can be considered to be a major project.67

Remediation work which needs development consent (see SEPP 55 - Remediation of Land ) and which is also:68

  • designated development;
  • likely to have a significant impact on threatened species (eg the Green and Golden Bell Frog); or
  • remediation in an environmentally sensitive land zone,

can be "called in" by the Planning Minister as a Part 3A Major roject.

If the Planning Minister is of the opinion that a particular remediation proposal falls within the category described above, then the Minister can declare it to be a Part 3A project. The Planning Minister then becomes the consent authority for approving or refusing approval for the remediation work under the approval process set out in Part 3A of the EP&A Act.

For more information on the Part 3A Major projects assessment and approval process, see Fact Sheet 2.3.

4.3.3.6 Development consent: additional considerations

SEPP 55 - Remediation of Land sets out additional considerations which a consent authority must consider where contamination is involved.69

Before granting a development approval, a consent authority must consider:

  • Whether the land is contaminated;
  • If the land is contaminated, whether the land is suitable (or will be suitable, after remediation) for the proposed use; and
  • If the land requires remediation to make the land suitable, that the land will be remediated to the required standard before the new use begins (eg the council could impose conditions to ensure that this occurs).

Before considering an application for consent to change the use of a site which is suspected of being contaminated because of the nature of past activities on the site (eg if the site was used for mining or an extractive industry), the consent authority must consider a report specifying the findings of a preliminary investigation of the land.70 The developer must carry out the preliminary investigation and provide the report to the consent authority.71

Upon lodging a development application (or a Part 3A application) for a change of use, the developer can also become liable under the Act for the clean up of any significant contamination on the site.72 This is because if the change of use is approved, it will result in an increased risk of harm, even if the contamination itself does not change.

Case study: Failure of developer's site assessment to provide detailed history of use of land - consent refused

Wallarah Minerals Pty Ltd v Mulwaree Shire Council [2000] NSWLEC 238

Wallarah Minerals (the Company) wanted to build a dwelling-house on land located at Marulan which was zoned 1(a) (General Purposes) and lodged a development application with the local council. The land had been used as a crushing and screening plant for refractory materials for more than 40 years, ie since about 1960.

SEPP 55 - Remediation of Land required the council to consider a report specifying the findings of a preliminary investigation of any contamination of the land before it could grant consent. A preliminary site assessment report was carried out by the Company, but it focused only on what the land had been used for recently, and did not consider what the site had been used for before 1990. The Council refused development consent, and the Company appealed to the Land and Environment Court.

The Court refused to grant consent. It held that the requirements of SEPP 55 - Remediation of Land had not been met because a full investigative report into the past uses of the land had not been carried out. There still existed potential for the site to be contaminated. The Court could not grant development consent until a full report was done and it could be determined whether any remediation was required.

4.3.3.7 Standard of remediation

All remediation work, whether carried out under a development consent or not, must be carried out in accordance with the contaminated land planning guidelines published by the EPA.73 A notice of completion of remediation work on any land must be given to the local council within 30 days of the work being completed.74

4.3.4 Contaminated land offences

The Act does not contain any offence provisions which prohibit a person from causing land to become contaminated.

Instead, these offence provisions are contained in the Protection of the Environment (Operations) Act 1997, and include:

  • wilfully or negligently disposing of waste without lawful authority (eg an environment protection licence;75
  • using land as a waste facility without lawful authority;76
  • wilfully or negligently causing any substance to leak, spill or escape;77
  • polluting land, without lawful authority;78 and
  • polluting water, including groundwater.79

For more information on pollution offences, see Fact Sheet 4.1 on pollution.

 

  1. See also the Contaminated Land Management Regulation 2008.
  2. Contaminated Land Management Act 1997, s 3(1).
  3. Contaminated Land Management Act 1997, s 105.
  4. Contaminated Land Management Act 1997, s 110.
  5. Contaminated Land Management Act 1997, s 5.
  6. Contaminated Land Management Act 1997, s 5(4).
  7. Contaminated Land Management Act 1997, s 4 Definitions, "remediation".
  8. Contaminated Land Management Act 1997, s 8(2).
  9. Contaminated Land Management Act 1997, s 106; Contaminated Land Management Regulation 2008, cl 11.
  10. Contaminated Land Management Act 1997, s 8(1).
  11. Contaminated Land Management Act 1997, s 9.
  12. Contaminated Land Management Act 1997, s 8.
  13. Contaminated Land Management Act 1997, s 6(1).
  14. Contaminated Land Management Act 1997, s 6(2).
  15. Contaminated Land Management Act 1997, s 31.
  16. Contaminated Land Management Act 1997, s 6(2)(b), (4).
  17. Contaminated Land Management Act 2008, s 6(6).
  18. Contaminated Land Management Act 1997, s 10.
  19. Contaminated Land Management Act 1997, s 10(3).
  20. Contaminated Land Management Act 1997, s 7.
  21. Contaminated Land Management Act 1997, s 11, 12.
  22. Contaminated Land Management Act 1997, s 11(2).
  23. Contaminated Land Management Act 1997, s 11(5).
  24. Contaminated Land Management Act 1997, s 14, 15.
  25. Contaminated Land Management Act 1997, s 14(1)(b).
  26. Contaminated Land Management Act 1997, s 13.
  27. Contaminated Land Management Act 1997, s 13(3).
  28. Contaminated Land Management Act 1997, s 16.
  29. Contaminated Land Management Act 1997, s 63, 64, 65.
  30. Land and Environment Court Act 1979, s 20(1)(caa).
  31. Contaminated Land Management Act 1997, s 17.
  32. Contaminated Land Management Act 1997, s 28.
  33. Contaminated Land Management Act 1997, s 47.
  34. Contaminated Land Management Act 1997, s 50 - 53.
  35. Contaminated Land Management Act 1997, s 58.
  36. Contaminated Land Management Act 1997, s 28, 58(1)(g); Contaminated Land Management Regulation 2008, cl 8.
  37. Contaminated Land Management Act 1997, s 60.
  38. Contaminated Land Management Act 1997, s 60(8).
  39. Contaminated Land Management Act 1997, s 111A
  40. Contaminated Land Management Act 1997, s 61(1), 62; Land and Environment Court Act 1979, 17(h).
  41. Contaminated Land Management Act 1997, s 96.
  42. Land and Environment Court Act 1979, s 20(1)(caa).
  43. Contaminated Land Management Act 1997, s 46, 109(4).
  44. Contaminated Land Management Regulation 2008, cl 10; Schedule 1.
  45. Contaminated Land Management Act 1997, s 92A(5).
  46. Contaminated Land Management Act 1997, s 30, 34, 35, 37, 39, 40; Land and Environment Court Act 1979, s 20(1)(caa).
  47. Contaminated Land Management Act 1997, s 91, 93, 94.
  48. Contaminated Land Management Act 1997, s 14(6), 97.
  49. Contaminated Land Management Act 1997, s 92.
  50. Contaminated Land Management Act 1997, s 95.
  51. Contaminated Land Management Act 1997, s 95(2).
  52. Contaminated Land Management Act 1997, s 96.
  53. Land and Environment Court Act 1979, s 20(1)(caa).
  54. SEPP 55 - Remediation of Land, cl 6(1).
  55. SEPP 55 - Remediation of Land, cl 6(1), (4).
  56. SEPP 55 - Remediation of Land, cl 6(2).
  57. Contaminated Land Management Act 1997, s 4, 59.
  58. Contaminated Land Management Act 1997, s 59(2).
  59. SEPP 55 - Remediation of Land, cl 8.
  60. SEPP 55 - Remediation of Land, cl 8(1), 19(3).
  61. SEPP 55 - Remediation of Land, cl 9.
  62. SEPP 55 - Remediation of Land, cl 19(3).
  63. SEPP 55 - Remediation of Land, cl 14.
  64. SEPP 55 - Remediation of Land, cl 16.
  65. SEPP 55 - Remediation of Land, cl 10.
  66. SEPP 55 - Remediation of Land, cl 13.
  67. SEPP (Major Projects) 2005, cl 6(1)(a); Sch 1, cl 28.
  68. SEPP 55 - Remediation of Land, cl 9 defines "Category 1 work".
  69. SEPP 55 - Remediation of Land, cl 7, 12.
  70. SEPP 55 - Remediation of Land, cl 7(2).
  71. SEPP 55 - Remediation of Land, cl 7(3).
  72. Contaminated Land Management Act 1997, s 6(2)(b), (4).
  73. SEPP 55 - Remediation of Land, cl 17.
  74. SEPP 55 - Remediation of Land, cl 17(2), (3), 18.
  75. Protection of the Environment (Operations) Act 1997, s 115.
  76. Protection of the Environment (Operations) Act 1997, s 144.
  77. Protection of the Environment (Operations) Act 1997, s 116.
  78. Protection of the Environment (Operations) Act 1997, s 142A - E.
  79. Protection of the Environment (Operations) Act 1997, s 120.

 

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