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. 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. Contaminated land means a site at which a substances. Appendix b10 construction contaminated land management plan. Doc19 259006 nsw crown lands jennings s17 epa voluntary. The contaminated land management act 1997 requires that either the landowner or the person whose activities have caused contamination must notify the nsw environmental protection agency as soon as practicable after becoming aware of the contamination incident or activity. Detr 1997, a quality approach to contaminated land consultancy 1997 environmental protection act 1990, the stationery office. 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. Contaminated land contains substances in or under the land that are actually or potentially hazardous to health or the environment.
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. Duty to report contamination download date september 2015 publisher. The format and structure of this publication may have been adapted for web. Appendix b8 construction contaminated land management. 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. Contaminated land management act 1997 agreement no 26119 area number 3257, dated 20 may 2009. Section 1 contaminated land management act 1997 no 140 part 1 preliminary the legislature of new south wales enacts. Department of the environment, transport and the regions detr, the contaminated land exposure assessment model clea.
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. Dealing means selling, transferring, assigning, novating, mortgaging, charging. Cessnock city council contaminated land policy land use planning. An act to promote the better management of contaminated land. 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. The objective of the clm act and the planning guidelines is. Corporations act means the corporations act 2001 cth. Remediation of land sepp 55 and in conjunction with the contaminated land management act 1997 clm act and the gloucester local environment plan 2000. In this chapter certain terms have the meaning defined in the clm act, or sepp 55. 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.
Section 1 contaminated land management act 1997 no 140 historical version for 29. Note terms used in this condition have the same meaning as in the contaminated land management act 1997. Condition requirements document reference remediated to a standard consistent with the intended land use. Contaminated land management act 1997 set out in schedule 1. Most of the provisions in the amending act commenced on. The waste and contaminated land northern ireland order 1997. This policy does not negate any work health and safety requirements. 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. Notify stakeholders of land use planning policy requirements relating to contamination. 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.
Duty to report contamination under the contaminated land management act 1997. 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. Section 78a2 of the environmental protection act 1990 defines contaminated land as. 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 and associated guidelines. Guidelines on the duty to report land contamination under.
Environment protection act 1997 provides further definition of contaminated land. Contaminated land section, nsw department of environment and climate change environment protection authority on 9995 5000. 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. Further information is available in the epas guidelines on the duty to report contamination under the contaminated land management act 1997. D25 d vii the applicant shall prepare and implement following. 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. Areas with a long history of industrial production are known as brownfield land. Contaminated land management act 1997 sect 60 duty to. Background and commentary 3 8 new south wales government, 1995, contaminated land. Protection authority contaminated land management act 1997 procedural guide for epa. See also sections 9 assessment of risk of harm and responsibility if contamination indirect or delayed or risk arises from change of use. There is a duty for landowners to, and persons who have. Contaminated land management act 1997 sect 4 definitions 4 definitions 1 in this act. Application for a contaminated soil relocation agreement.
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. 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. The impacts of some activities are only temporary, whereas others carry the risk of leaving. Contaminated land environmental protection agency, ireland. Cessnock city council contaminated land policy land use. 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. Valuation of contaminated land valuer general of new. Guidelines on the duty to report land contamination under the. In nsw, the management of contaminated land is shared by. Part 1 preliminary 1 name of act this act is the contaminated land management act 1997.
Wollongong dcp 2009 chapter e20 contaminated land management. Contaminated land list of nsw contaminated sites notified to epa. New south wales environment protection authority wikipedia. The epa can require a financial assurance as a condition of your management order or licence. Current version for 8 january 2019 to date accessed may 2020. 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 management act 1997 clm act state environmental planning policy no. Contaminated land development control plan wdcp2015. The storage and sharing of contaminated land information through section 149 planning certificates. Sections 5 and 6 development assessment assess development applications for approval under the. Contaminated land management act 1997 sect 60 duty. Contaminated land management act 1997 clm act a radiation management licence issued under part 3a of the.
Contaminated land management act 1997 no 140 nsw legislation. Appendix b8 construction contaminated land management sub plan. Delegated authority an officer that is authorised to approve expenditure andor to make a decision regarding work health and safetyswms. Guidelines for contaminated land management and control in malaysia three 3 series of guidelines were developed and published under.
Environmental risk assessment for unregulated waste disposal sites epa, 2007 and associated guidance should continue to be used when assessing. Environmental management act or contaminated sites regulation, the updated definition in that act or regulation takes precedence. 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. Construction contaminated land management plan 6 coa no. City assets and environment policy 337 date of commencement.
Schedule 1 amendment of contaminated land management act. Contaminated sites regulation includes amendments up to b. One 1 application may be completed for a single source site requiring many soil relocations to a. Employees employees are those officers who have obligations under the public sector management act 1994, and include. Any contamination management practices will need to comply with the nsw. Delegations this policy does not change, remove or add delegation to any officer. Contamination has the meaning given to that word in the contaminated land management act 1997 nsw. Various other guidelines, which may be updated from time to time, are referred to throughout this document. Appendix b10 construction contaminated land management. 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. 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. Act 1974, and section iv of the economic exclusive zone act 1984. Guidelines on the duty to report contamination under the contaminated land management act 1997. Department of urban affairs and planning, environment protection authority.
S149 certificate attachment groundwater contamination. Councils procedure for considering land contamination issues carried out, it is satisfied that the land for rezoning applications is shown in figure 1. 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. Woolgoolga to ballina construction cep contaminated land. 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. Role of accredited site auditors and site auditor statements.
Contaminated land management act 1997 no 140 current version for 8 january 2019 to date accessed may 2020 at. Construction certificate has the same meaning as in the act. Situations where this is required are explained in the document. Since 1997 a state of the art contaminated land reform package has been. 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. Procedure for the management of tams contaminated assets. The document guidance on the management of contaminated land and groundwater at epa licensed sites and associated guideline template reports can be downloaded. Contamination is defined in the contaminated land management act 1997 clm act as.
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