Amendments To The Contaminated Land Management Act
Following a statutory five year review of the Contaminated
Land Management Act 1997 (NSW) (CLM Act), significant changes
have been introduced in relation to investigating, cleaning up and
reporting contamination in New South Wales.
Amendments in force prior to 1 July include:
Removal of the 'no knowledge' defence in criminal
prosecutions for directors and managers of a company.
The introduction of a general offence for the provision of
false and misleading information in purported compliance with a
requirement under the CLM Act.
Amendments that commenced on 1 July 2009 include:
Changes to the terminology used throughout the CLM Act. In
particular, the declaration of 'contaminated land' is now
the declaration of 'regulated land'.
The 'significant risk of harm' (SROH) test is replaced
by the 'significant enough to warrant regulation' test,
giving the EPA greater discretion to regulate contaminated land.
The EPA will still need to assess the same considerations as those
under the SROH test when making its determination.
The responsibility for contamination hierarchy will be altered
so that the EPA will not have to pursue the principal polluter
before taking action against other parties. The EPA will only be
required to follow the former hierarchy as far as is practicable.
The EPA will also be able to issue to more than one person a
management order to investigate or clean-up contamination.
New powers will enable the EPA to issue a preliminary
investigation order to determine whether land should be declared
'regulated land' where it reasonably suspects that the land
is contaminated. No hierarchy of responsibility will apply to the
EPA when serving a preliminary investigation order.
The 'duty to notify' test will be tightened so that an
owner or polluter will be obliged to notify the EPA where a person
'ought reasonably to have been aware of
DLA Phillips Fox is one of the largest legal firms in
Australasia and a member of DLA Piper Group, an alliance of
independent legal practices. It is a separate and distinct legal
entity. For more information visit
This publication is intended as a first point of reference and
should not be relied on as a substitute for professional advice.
Specialist legal advice should always be sought in relation to any
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.
This legal update is an overview of existing eligible project activities and new project types proposed to be developed.
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).