Contaminated land regimes by state: notification duties and remediation orders

NSW Contaminated Land Management Act 1997

The *Contaminated Land Management Act* 1997 (NSW) provides the framework for investigating and remediating contaminated land within New South Wales. This legislation establishes a system for managing sites where contamination poses a risk to human health or the environment. EPBC Act overview

A key obligation under the Act is the duty to notify the NSW EPA. Section 60 requires notification of contamination that is or is likely to be significant enough to warrant regulation. This duty applies to individuals and entities who have contaminated land through their activities, as well as to current landowners of contaminated sites.

Following notification, the EPA has the authority to declare land as 'significantly contaminated land'. In such cases, the EPA may issue management orders or approve voluntary management proposals to address the contamination.

Victorian Environment Protection Act 2017

The Environment Protection Act 2017 (Vic) establishes a framework for managing contaminated land, with the General Environmental Duty (GED) as a central principle. The Act commenced on 1 July 2021 and includes provisions in Part 4.4 specifically addressing contaminated land management, encompassing both duties to manage contaminated land and requirements for notifying authorities of contamination. EPBC Act overview

Section 39 of the Act imposes a duty to notify EPA Victoria of notifiable contamination, as defined within the Environment Protection Regulations 2021. A ‘duty to manage contaminated land’ is outlined in section 40, placing obligations on persons who have management or control of land identified as contaminated.

Confirmation of land suitability for use is achieved through environmental audits. These audits are conducted by auditors appointed by EPA Victoria, as detailed in section 192.

Queensland Environmental Protection Act 1994

The Environmental Protection Act 1994 (Qld) establishes the framework for managing contaminated land in Queensland. This regulation is primarily administered through the Environmental Management Register (EMR) and the Contaminated Land Register (CLR). EPBC Act overview

A key obligation under the Act is the duty to notify. Section 320A requires notification to the administering authority regarding notifiable activities and any resulting contamination. These activities, detailed in Schedule 3, encompass operations such as service stations, chemical storage, and waste disposal.

Land impacted by notifiable activities is recorded on the EMR. If contamination is confirmed, the land may be added to the CLR. Furthermore, any change of use on land listed on either register requires an approved site management plan under section 410.

Cross-jurisdiction issues

Notification duties across states generally operate on a strict-liability basis, meaning they are triggered when contamination exceeds a defined threshold and the relevant party has knowledge of this contamination. This creates a consistent, though state-specific, obligation to report suspected contamination. Remediation orders, also known as clean-up notices, are available to regulators to compel action from current owners, occupiers, or those responsible for the contamination.

Due diligence processes for land transactions are often informed by publicly accessible statutory registers. These registers provide information about potentially contaminated land, and their use is essential for purchasers. Furthermore, vendor disclosure obligations under state conveyancing legislation can mirror or overlap with the notification duties imposed by contaminated land legislation, creating potential complexities in determining responsibility. EPBC Act overview may also be relevant where land is subject to federal environmental protection.

The increasing regulation of per- and polyfluoroalkyl substances (PFAS) presents a cross-jurisdictional challenge. State guidelines and the National Environment Protection (Assessment of Site Contamination) Measure 1999 (ASC NEPM) are being used to manage PFAS contamination, requiring careful consideration of both state-specific and national requirements.