Notify + remediate contaminated land (state)
State EPA regimes require notification + remediation of contaminated land.
State and territory law, not a Commonwealth law
Contaminated land notification and remediation duties are set by each state and territory's environment protection law and enforced by its EPA. Check the rules in each state or territory where you operate.
Who must comply
Owners + occupiers + polluters of contaminated land.
What triggers it
Awareness of significant contamination.
When due
Notification per state-specific timeframe.
Evidence required
Notification record; site investigation; remediation plan; clearance certificate.
Max penalty
Significant civil + criminal penalties; cleanup costs + interest
Who must comply with this? The applicability test by industry, business structure and size.
Summary
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.
Enforced by
Topics
Related
- CWLTHEPBC Act — assess + approve controlled actions affecting MNESAny action likely to significantly impact Matters of National Environmental Significance needs federal approval.
- CWLTHStockholm + Rotterdam Convention chemicals (POPs ban)Persistent organic pollutants (PCBs, PFAS, etc.) banned / restricted under federal Acts.
- All statesHold state-issued gambling licence (operator + venue)Wagering, casino, gaming machine + lottery operators require state-issued licences with operator probity.
- CWLTHHold a current real estate agent licence (state-specific)Selling agents must hold a current licence issued by their state fair trading regulator.
- CWLTHComply with MARPOL — Protection of the Sea (Prevention of Pollution from Ships) Act 1983Ship operators must comply with MARPOL Convention implementation.
- CWLTHRegister + categorise industrial chemicals (Industrial Chemicals Act 2019)Importers + manufacturers of industrial chemicals must register with AICIS + categorise introductions.
Frequently asked questions
- Who must comply with + remediate contaminated land (state)?
- Owners + occupiers + polluters of contaminated land.
- What triggers + remediate contaminated land (state)?
- Awareness of significant contamination.
- When is + remediate contaminated land (state) due?
- Notification per state-specific timeframe.
- What is the maximum penalty for + remediate contaminated land (state)?
- Significant civil + criminal penalties; cleanup costs + interest
- What evidence is required for + remediate contaminated land (state)?
- Notification record; site investigation; remediation plan; clearance certificate.
Source: https://www.epa.nsw.gov.au/your-environment/contaminated-land. Rules Mate is not a law firm. Always verify against the live regulator source before acting.