The NSW Environment Protection Authority adopts new
"Guidelines on the Duty to report Contamination under the
Contaminated Land Management Act 1997"
As foreshadowed in our earlier
article, the NSW Environment Protection Authority (EPA) has
published new "Guidelines on the Duty to Report
Contamination under the Contaminated Land Management Act
1997" (July 2015) (Reporting Guidelines). The Reporting
Guidelines commenced on 3 July 2015 and replace the 2009
The key change in the Reporting Guidelines is the adoption of
the standards contained in the National Environment Protection
(Assessment of Site Contamination) Measure 1999, which was
amended in 2013 (NEPM).
The Reporting Guidelines now contain a notification trigger for
asbestos (adopting the NEPM health screening levels of friable
asbestos in or on soil) and adopt the NEPM levels for substances in
soils, groundwater and surface water, and for vapour intrusions
(removing the previous references to levels set out in the
EPA's Guidelines for Assessing Service Station Sites
As some of the statutory reporting levels have changed, it is
possible that sites which previously did not need to be reported
under the Contaminated Land Management Act 1997 may now
trigger the duty to report. It would be prudent for land owners,
operators and prospective purchasers to review the Reporting
Guidelines to determine whether the duty to report now applies,
particularly given the significant penalties which may be imposed
where there has been a failure to report. The Reporting Guidelines
can be accessed
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
Most awarded firm and Australian deal of
Australasian Legal Business Awards
Employer of Choice for
Equal Opportunity for Women
in the Workplace (EOWA)
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
The article is a review of recent developments in compliance, enforcement and prosecutions relating to environmental law.
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).