Background and commentary 3 8 new south wales government, 1995, contaminated land. Section 1 contaminated land management act 1997 no 140 historical version for 29. 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. The storage and sharing of contaminated land information through section 149 planning certificates. Contaminated land management act 1997 no 140 current version for 8 january 2019 to date accessed may 2020 at. Contaminated land means a site at which a substances. Duty to report contamination download date september 2015 publisher. New south wales environment protection authority wikipedia.
Any contamination management practices will need to comply with the nsw. Many such sites may be affected by their former uses such as mining, industry, chemical and oil spills and waste disposal contamination can also occur naturally as a result of the. It provides a means of identifying and remediating land that poses a significant risk to health or the environment, where there is no alternative solution. Where land is contaminated or presents a hazard to the community, regard must be had to safety when considering the sale of crown land in accordance with the contaminated land management act 1997. Condition requirements document reference remediated to a standard consistent with the intended land use. Notify stakeholders of land use planning policy requirements relating to contamination. Council requires all contaminated land reports provided, exempt council from any claim for that may restrict councils ability to provide information to the public in accordance with the gipa act and the contaminated land management act 1997 nsw clm act. Policy version 01 adopted 20072016 page 4 according to the guidelines on the duty to report contamination under the contaminated land management act 1997, a person is taken to be aware of the contamination if it is considered that they are aware or should have. Contaminated land management act 1997 clm act and associated guidelines. Contaminated land contains substances in or under the land that are actually or potentially hazardous to health or the environment. Contaminated land management act 1997 environmental planning and assessment act 1979 environmental planning and assessment regulation 2000 local government act 1993 protection of the environment operations act 1997 protection of the.
Cessnock city council contaminated land policy land use planning. Contaminated sites act 2003 page 7 iv other than land referred to in subparagraph i, ii or iii, the minister for lands, as referred to in section 71 of the land administration act 1997. Duty to report contamination under the contaminated land management act 1997. Appendix b10 construction contaminated land management. Section 78a2 of the environmental protection act 1990 defines contaminated land as. In this chapter certain terms have the meaning defined in the clm act, or sepp 55. The objective of the clm act and the planning guidelines is.
The format and structure of this publication may have been adapted for web. Remediation of land sepp 55 and in conjunction with the contaminated land management act 1997 clm act and the gloucester local environment plan 2000. Department of the environment, transport and the regions detr, the contaminated land exposure assessment model clea. 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. Guidelines on the duty to report contamination under the contaminated land management act 1997.
Guidelines on the duty to report land contamination under the. Protection authority contaminated land management act 1997 procedural guide for epa. Manage residential asbestos contaminated land that is not declared significantly contaminated under the contaminated land management act 1997 excluding oversight of removal or remediation work which is the role of safework nsw. Contaminated land is any land which appears to the local authority in whose area it is situated to be in such a condition, by reason of substances in, on or under the land, that. In accordance with the act government strategic plan contaminated sites management 1995, and the principles laid down by the epa, tams is committed to preventing or minimising environmental harm in the delivery of its responsibilities, and meeting appropriate standards when managing the sites for which it has responsibility.
City assets and environment policy 337 date of commencement. Valuation of contaminated land valuer general of new. Construction contaminated land management sub plan 9 cemp strategies, procedures and relevant ewms form management guides that identify required contaminated land management actions for reference by gejv personnel and subcontractors. A person whose activities have contaminated land or a landowner whose land has been contaminated is required to notify the epa when they become aware of the contamination under section 60 of the. Delegated authority an officer that is authorised to approve expenditure andor to make a decision regarding work health and safetyswms. S149 certificate attachment groundwater contamination. Contaminated land management act 1997 agreement no 26119 area number 3257, dated 20 may 2009. The document guidance on the management of contaminated land and groundwater at epa licensed sites and associated guideline template reports can be downloaded. Contaminated land management act 1997 no 140 nsw legislation. Current version for 8 january 2019 to date accessed may 2020. Schedule 1 amendment of contaminated land management act.
Contaminated land management act 1997 clm act and contaminated land management regulation 20 under the clm act the nsw epa regulates contaminated sites where the contamination is significant enough to warrant regulation. Appendix b8 construction contaminated land management. An act to promote the better management of contaminated land. Councils procedure for considering land contamination issues carried out, it is satisfied that the land for rezoning applications is shown in figure 1. Situations where this is required are explained in the document. The contaminated land management act 1997 requires persons to notify the epa if they become aware that their activities are contaminating land or their land has been contaminated, so as to present a significant risk of harm to human health or the environment. The waste and contaminated land northern ireland order 1997. 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. Doc19 259006 nsw crown lands jennings s17 epa voluntary. Contaminated land environmental protection agency, ireland. You are using a version of the website built for webcrawlers and people whose devices cannot use javascript. Contaminated land management act 1997 sect 4 definitions 4 definitions 1 in this act. In nsw, the management of contaminated land is shared by.
Land management regulation 20 summary of submissions pdf 11kb. Application for a contaminated soil relocation agreement. Contaminated land management act 1997 set out in schedule 1. Environmental management act or contaminated sites regulation, the updated definition in that act or regulation takes precedence. Contamination has the meaning given to that word in the contaminated land management act 1997 nsw. Policy version 01 adopted 20072016 page 4 according to the guidelines on the duty to report contamination under the contaminated land management act 1997, a person is taken to be aware of the contamination if it is considered that they are aware or should have reasonably become aware of the contamination. Manage residential asbestos contaminated land that is not declared significantly contaminated under the contaminated land management act 1997 excluding oversight of removal or remediation work which is the role of workcover. Where a reference guideline that has been made by the epa under section 105 of the clm act is updated, the relevant references in this document should be read as. Wollongong dcp 2009 chapter e20 contaminated land management. Environmental risk assessment for unregulated waste disposal sites epa, 2007 and associated guidance should continue to be used when assessing. For further information on the duty to report contamination see the epas guidelines on the duty to report contamination under the contaminated land management act 1997.
Construction certificate has the same meaning as in the act. Further information is available in the epas guidelines on the duty to report contamination under the contaminated land management act 1997. The impacts of some activities are only temporary, whereas others carry the risk of leaving. Areas with a long history of industrial production are known as brownfield land. Contaminated land management act 1997 sect 60 duty. One 1 application may be completed for a single source site requiring many soil relocations to a. Cessnock city council contaminated land policy land use. This policy does not negate any work health and safety requirements. Appendix b10 construction contaminated land management plan. Most of the provisions in the amending act commenced on.
Contaminated land management act 1997 clm act state environmental planning policy no. Department of urban affairs and planning, environment protection authority. Various other guidelines, which may be updated from time to time, are referred to throughout this document. Contaminated land list of nsw contaminated sites notified to epa. See also sections 9 assessment of risk of harm and responsibility if contamination indirect or delayed or risk arises from change of use. D25 d vii the applicant shall prepare and implement following. Contaminated land management act 1997 environmental planning and assessment act 1979 environmental planning and assessment regulation 2000 local government act 1993 protection of the environment operations act 1997 protection of the environment operations general regulation 2009. Contaminated land section, nsw department of environment and climate change environment protection authority on 9995 5000.
The nsw environment protection authority epa provides a list of sites notified to the epa under the contaminated land management act 1997 clm act on the epa. Guidelines for contaminated land management and control in malaysia three 3 series of guidelines were developed and published under. Construction contaminated land management plan 6 coa no. Section 1 contaminated land management act 1997 no 140 part 1 preliminary the legislature of new south wales enacts. Part 1 preliminary 1 name of act this act is the contaminated land management act 1997. Environment protection act 1997 provides further definition of contaminated land. Contaminated sites regulation includes amendments up to b. Detr 1997, a quality approach to contaminated land consultancy 1997 environmental protection act 1990, the stationery office.
Contaminated land management act 1997 sect 60 duty to. Contamination is defined in the contaminated land management act 1997 clm act as. Employees employees are those officers who have obligations under the public sector management act 1994, and include. Contaminated land management act 1997 sect 4 definitions.
Corporations act means the corporations act 2001 cth. There is a duty for landowners to, and persons who have. The epa can require a financial assurance as a condition of your management order or licence. Dealing means selling, transferring, assigning, novating, mortgaging, charging. Note terms used in this condition have the same meaning as in the contaminated land management act 1997. Sections 5 and 6 development assessment assess development applications for approval under the. Role of accredited site auditors and site auditor statements. The valuer general defines contaminated land as a property which is identified or recorded by a local or state government authority as being contaminated or is widely known to be contaminated.
Clause 4 is a formal provision that gives effect to the amendments to each instrument specified in schedule 2 clause 5 provides for the repeal of the proposed act after all the amendments made by the proposed act have commenced. Contaminated land management act 1997 clm act a radiation management licence issued under part 3a of the. Since 1997 a state of the art contaminated land reform package has been. Guidelines on the duty to report land contamination under.
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