Guidelines on the duty to report land contamination under. Current version for 8 january 2019 to date accessed 31 march 2020 at. Subordinate legislation aims to protect air, water and land. Land contamination can happen when past waste disposal or industrial activities have caused pollution.
Model procedures for the management of land contamination. Contaminated land management act 1997 sect 60 duty to. Site auditor scheme administered by the contaminated land management act clm act 1997. Detr 1997, a quality approach to contaminated land consultancy 1997 environmental protection act 1990, the stationery office. This can pose a potential risk to health and the environment. Environmental protection act 1990 hereafter epa, the then.
This act is the contaminated land management act 1997. Mending holes in the green safety net environmental law. Department of environment and climate change published. Undertakings included in voluntary management proposal explanatory note. General description of the monitoring, auditing and reporting of actions and mitigation measures. Epps are policies and guidelines, issued to coincide with the environment protection act 1997 the act, which help to explain and apply the act. Where land is part of an investigation area under part 3 of the contaminated land management act 1997, where the land has been used for an activity listed at appendix 1 or where there are incomplete records regarding the historical use of the land and it is proposed to be rezoned for residential. Contaminated land management act 1997 schedule 2 schedule 2 savings and transitional provisions section 115 part 1 general 1 regulations 1 the regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following acts. Contaminated land management act 1997 sect 59 local. Management of contaminated wipes and reusable cloth items.
Relevant conditions of this notice have been incorporated into this plan. When waste and chemicals pollute air, soil or water, they can contaminate land and groundwater. The fact that the property is free from contamination or the condition is. Guidelines on the duty to report land contamination under the. Contaminated land environment, land and water queensland. Clr11 is intended to assist all those involved in managing the land in particular landowners, developers, industry, professional. I have completed the site audit free of any conflicts of interest and have not. Guidelines on the duty to report contamination under the contaminated land management act 1997. Management of contaminated wipes and reusable cloth items of 4 free liquids removed from the wipes or container must be managed according to the applicable hazardous waste regulations. Before the epa can approve a voluntary management proposal under section 17 of the contaminated land management act 1997, it has a statutory obligation to satisfy itself that the terms of the proposal. This act commences on a day to be fixed by proclamation. Draft guidelines on duty to report contamination under the.
Areas with a long history of industrial production are known as brownfield land. Contaminated land management act 1997 sect 60 duty. Contaminated land management act 1997 sect 59 local authorities to be informed 59 local authorities to be informed 1 the epa must, as soon as practicable after the occurrence of any of the following in relation to land, inform the local authority for the area in which land is situated of that matter. Clr11 is the uks risk management technical framework for structured decisionmaking about land contamination. In some cases the concern may also be financial, because of the loss of equity and the cost of remediating the property. Background and commentary 1 1 australian and new zealand environme nt and conservation council, national health and medica l research council, 1992, australian and new zealand guidelines for the. Contaminated sites that are not regulated by the oeh are managed by local councils through land use planning processes.
Contaminated land management act 1997 sect 29 ongoing maintenance restrictions and covenants 29 ongoing maintenance restrictions and covenants 1 this section applies to land that is not vested in the epa and that has been the subject of a management order or an approved voluntary management proposal. Significant amendments to the contaminated land management act 1997. General description of possible mitigation measures for managing contamination, including the handling, treatment and management of contamination. A strategy for management of the remediated lands of sydney olympic park. Pdf dealing with contaminated land in the uk through. Under item 10 contaminated land management act, 1997. Pollution of waters by oils and noxious substances act 1986 jointly. Technical guidance on the management of contaminated land including how to investigate, assess and manage the risks. The contaminated land regime under part 2a of the environmental protection act 1990 is one of the main policy measures used to deal with this legacy.
This orderreenacts the provisions of part ii of the pollution control and local government northern ireland order 1978 relating to waste on land with modifications as respects the functions of the department of the environment and district councils concerned in the collection and disposal of waste and makes further provision in relation to such waste. Part 1 preliminary 1 name of act this act is the contaminated land management act 1997. Management act 1997 clm act and the gloucester local environment plan 2000. Versions of this act includes consolidations, reprints and as passed versions. Act 1994 qld and the contaminated land management act 1997 nsw. See our fact sheet on contaminated land for more information about contaminated land. Pdf impact of contaminated land adjoining the new disney.
Contaminated land management act 1997 sect 60 duty to report contamination 60 duty to report contamination 1 a person whose activities have contaminated land must notify the epa in writing in accordance with this section that the land has been so contaminated. If city of newcastle is required to list contamination information on a planning certificate it will be located at. Additional guidance on the assessment and management of asbestos in or on soil 7. Contaminated land management act 1997 clm act and take effect on the day that they are published in the nsw government gazette. Contaminated land management act 1997 no 140 section 4 historical version for 29. Management of other contaminated wipes wipes that are contaminated with materials other than the f001f005 solvents listed in 40 cfr. Contaminated land management act 1997 as at 8 january 2019 act 140 of 1997 table of provisions long title part 1 preliminary 1. Dumping rubbish it is illegal for transporters of waste to leave their waste anywhere that is not a legal waste facility. This regulation replaces the contaminated land management.
Preface this document replaces the former contaminated sites. Contaminated land contains substances in or under the land that are actually or potentially hazardous to health or the environment. Register now for your free, tailored, daily legal newsfeed service. Draft guidelines on the duty to report contamination under. The protection of the environment operations act 1997 poeo act. Land and groundwater pollution environment protection. Contaminated land management policy midcoast council. Find application forms, guidelines and information sheets relating for contaminated land. Contaminated land management act 1997 as at 8 january. Subsidiary legislation made under this act current versions. Fluffy sites in the act do not meet the notification requirements for contaminated land under the environment protection act 1997.
Contaminated land management act 1997 sect 4 definitions 4 definitions 1 in this act. The contaminated land management act 1997 nsw establishes a process for the epa to identify, investigate, and remediate land that it considers to be contaminated significantly enough to require regulation. Doc19 259006 nsw crown lands jennings s17 epa voluntary. Reprint no 1 22 may 2001 reprint no 2 4 may 2004 reprint no 3 14 july 2009. Contaminated land management act 1997 sect 4 definitions. Land in, on or under which any substance is present at a concentration above that naturally present in, on or under the land that poses, or is likely to pose, an immediate or longterm risk to human health or environment. Department of the environment, transport and the regions detr, the contaminated land exposure assessment model clea. Guidance document on the management of contaminated. Waste act 59 of 2008 section 36 land on which highrisk activities have taken place or are taking place that are likely to result in land contamination land that the minister or mec, as the case may be, on reasonable grounds believes to be contaminated re the above, the mec and minister must be. Guideline for contaminated site remediation 1 introduction in the northwest territories nwt and across canada, contaminated sites pose a threat to human health and the environment. Remediation of land sepp 55 and in conjunction with the contaminated land management act 1997 clm act and the gloucester local environment plan 2000. This allows epa to regulate pollution and waste that impacts human health and the environment. Protection act 1997 the act, which help to explain and apply the act and the environment. Many such sites may be affected by their former uses such as mining, industry, chemical and oil spills and waste disposal.
This version of the legislation is compiled and maintained in a database of legislation by the parliamentary counsels office and published on the. Remediation work a work means a work in, on or under contaminated land, being a work that. In this chapter certain terms have the meaning defined in the clm act, or sepp 55. Background and commentary 1 1 australian and new zealand environme nt and conservation council, national health and medica l research council, 1992, australian and new zealand guidelines for the assessment and management of contaminated sites. The controlled copy of this document is found either in project web, within the project management plan section, or other project specific databaseserver approved by the regional ehs manager. Contaminated land management act 1997 sect 29 ongoing. The protection of the environment operations act 1997 poeo act protection of. Obtaining independent expert advice on asbestos in soil 6 11. Duty to report under the contaminated land management act 1997. Background and commentary download the full paper as pdf advice on legislation or legal policy issues contained in this paper is provided for use in parliamentary debate and for related parliamentary purposes. Search the environmental management and the contaminated land registers.
Councils must provide these certificates upon the payment of the. They revoke the 2011 edition of the guidelines for consultants reporting on contaminated sites. The national environment protection assessment of site contamination measure 1999 asc nepm. A section b audit was undertaken to determine the appropriateness of a management plan for.
This document has been prepared in light of the amendments to the contaminated land management act 1997 clm act by the contaminated land management amendment act 2008 clm amendment act 2008. The waste and contaminated land northern ireland order 1997. An act to provide for the basic law in relation to land other than the village land, the management of land, settlement of disputes and related matters i i. Other terms, such as land affected by contamination or land contamination, are used to describe the much broader categories of land where contaminants are present but usually not at a sufficient level of risk to be contaminated. Guidance document on the management of contaminated sites in canada author. Development directorate, act government, gpo box 158, canberra, act 2601. Contaminated land in new south wales is managed by the environment protection authority epa exercising its powers under the contaminated land management act 1997 nsw which establishes a process for investigating and remediating significantly contaminated land. Contaminated land management act 1997 20 no 491 part 1 preliminary 1 name of regulation this regulation is the contaminated land management regulation 20. The nsw environment protection authority epa is an independent statutory authority that sits.
New south wales environment protection authority wikipedia. Land contamination needs to be cleaned up and managed in the right way. Contaminated land in lake macquarie lake macquarie city council. Guidelines on significant risk of harm from contaminated land and the duty to report, published in 1999. Guidelines for contaminated land management and control in malaysia three 3 series of guidelines were developed and published under. The contaminated land management act 1997 the clm act was assented to on 17 december 1997. It provides a means of identifying and remediating land that poses a significant. Clm act contaminated land management act 1997 contaminated land as defined in the sepp 55 guidelines. Contaminated land mainly refers to land which has been polluted by hazardous substances as a result of anthropogenic activities eg. Western australian legislation land administration act 1997. Analysis of australian legislation dealing with contaminated land. Guidelines on the duty to report contamination under the contaminated land management act 1997 pdf 412kb.
The clean up of these sites is considered as hazardous materials abatement, not the remediation of contaminated land requiring independent audit, and therefore not required to be listed on the register. Contaminated land means a site at which a substances. Contaminated land management act 1997 as at 8 january 2019. Contaminated land information can be obtained from a number of sources including.
Statutory guidelines nsw environment protection authority. Environmental legislation guidelines 2 purpose this guide supports the land access and cultural heritage policy 1 and procedures 2 by providing an overview of each australian state and territorys environmental legislation, and what field workers must. The impacts of some activities are only temporary, whereas others carry the risk of leaving. Identification and management of contaminated land pacific rim. Environmental laws that apply to mercury mercury us epa. Impact of contaminated land adjoining the new disney theme park in hong kong article pdf available in pacific rim property research journal 93 march 2015 with 123 reads how we. Enacted by the parliament of the united republic of tanzania. Under the contaminated land management act 1997 clm act, the office of environment and heritage regulates contaminated sites that pose a significant risk of harm to human health or the environment. The following abbreviations are used in the historical notes.
Whos responsible for cleaning up contaminated land and how you know if your business is on a contaminated site contaminated land gov. This act may be cited as the environmental and other legislation amendment act 1997. May 22, 2001 contaminated land management act 1997 as at 8 january 2019 act 140 of 1997 notes reprint history. The epa can make or approve guidelines under section 105 of the contaminated land management act 1997 for the purposes connected with the objects of the act. The mercury export ban act pdf was signed into law on october 14, 2008.
Subordinate legislation sits under the environment protection act 1970. Abandoned mine sites contaminated land eis process environmental offsets community involvement in mining and petroleum lease approvals. Contaminated sites environment protection policy access canberra. This act commences on a day or days to be appointed by proclamation. Section 1 contaminated land management act 1997 no 140 part 1 preliminary the legislature of new south wales enacts. Contaminated land searches search the environmental management and the contaminated land registers. Contaminated land management act 1997 no 140 nsw legislation.