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Do construction (residential and commercial) businesses need to notify + remediate contaminated land (state)?

A computed answer from the Rules Mate applicability engine, with the exact condition, the outcome for every structure and size, and the primary source.

Short answer: Only if

Only if you own, occupy or caused contamination of land. Being in this industry makes the obligation worth checking (Industry: Construction (residential & commercial)), but the trigger is a fact the industry alone does not settle.

The obligation in brief

Notify + remediate contaminated land (state). Each state has a contaminated land regime — NSW Contaminated Land Management Act 1997, Vic Environment Protection Act 2017 (general environmental duty + notification), Qld Environmental Protection Act 1994. Notification of significant contamination; remediation per state-issued Cleanup Notice / Remediation Order.

Trigger: Awareness of significant contamination.

Why construction (residential & commercial) get a different answer

Rules Mate runs its applicability engine across 9 business structures and 6 size bands for each of the 35 industries it maps. For 31 of those industries the answer for "Notify + remediate contaminated land (state)" is no. Construction (residential & commercial) is one of the 4 where the answer is different: only if.

The deciding fact for construction (residential and commercial) businesses: Industry: Construction (residential & commercial); applies only if you own, occupy or caused contamination of land.

About the industry: Builders, contractors, and subcontractors covered by the Building & Construction General On-site Award and high-risk WHS.

Compare a professional services (general) business with 6–19 employees structured as a Pty Ltd company: the obligation does not apply (Requires a trigger outside this questionnaire).

Answer by business structure and size

Each cell is the engine's outcome for a business in construction (residential & commercial) with that structure and size, assuming it sells to consumers and small businesses and holds customer contact details. "Check" means the obligation turns on a fact the industry does not settle.

"Notify + remediate contaminated land (state)": outcome for construction (residential and commercial) businesses by structure and size
StructureNo employees1–5 employees6–19 employees20–99 employees100–499 employees500+ employees
Sole traderCheckCheckCheckCheckCheckCheck
PartnershipCheckCheckCheckCheckCheckCheck
TrustCheckCheckCheckCheckCheckCheck
Pty Ltd companyCheckCheckCheckCheckCheckCheck
Public companyCheckCheckCheckCheckCheckCheck
Not-for-profit (unregistered)CheckCheckCheckCheckCheckCheck
Registered charityCheckCheckCheckCheckCheckCheck
Super fundCheckCheckCheckCheckCheckCheck
Foreign companyCheckCheckCheckCheckCheckCheck

What the obligation requires

When due
Notification per state-specific timeframe.
Evidence to keep
Notification record; site investigation; remediation plan; clearance certificate.
Maximum penalty
Significant civil + criminal penalties; cleanup costs + interest
Regulator
EPA NSW, EPA Victoria, DES Qld, EPA WA, EPA SA and EPA Tas
Jurisdiction
Commonwealth (national)

Other obligations where construction (residential & commercial) differ from the norm

Other industries with a non-default answer

Questions

Do construction (residential and commercial) businesses need to notify + remediate contaminated land (state)?
Only if you own, occupy or caused contamination of land. Being in this industry makes the obligation worth checking (Industry: Construction (residential & commercial)), but the trigger is a fact the industry alone does not settle.
Is the answer the same for every industry?
No. For 31 of the 35 industries Rules Mate maps, the answer is no. Construction (residential & commercial) is one of 4 industries with a different answer.

Related

Sources

Computed by the Rules Mate applicability engine from the published obligation corpus; facts last checked 3 October 2026. Rules Mate is not a law firm and this is general information, not legal advice. Confirm your position with the regulator source or a qualified adviser before acting.