Who must notify + remediate contaminated land (state)?
The applicability test for Notify + remediate contaminated land (state) (EPA NSW, EPA Victoria, DES Qld, EPA WA, EPA SA and EPA Tas), computed across 35 industries, 9 business structures and 6 size bands.
Short answer: Only if
Applies only if you own, occupy or caused contamination of land. Whether it applies turns on a fact that no industry, structure or size settles on its own.
What the obligation is
State EPA regimes require notification + remediation of contaminated land.
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.
The applicability test
Applies only if you own, occupy or caused contamination of land. Whether it applies turns on a fact that no industry, structure or size settles on its own.
How the regulator frames it: Owners + occupiers + polluters of contaminated land.
What triggers it: Awareness of significant contamination.
Jurisdiction: Commonwealth law, so the test is the same in every state and territory.
Which industries are in or out
Outcome across the 35 industries Rules Mate maps (4 of 35: only if a further fact applies; 31 of 35: no).
| Industry | Answer |
|---|---|
| Construction (residential & commercial) | Only if a further fact applies |
| Manufacturing | Only if a further fact applies |
| Agriculture, forestry & fishing | Only if a further fact applies |
| Mining & resources | Only if a further fact applies |
| No | 31 other industries |
Business structure and size
Structure does not change the answer in the 4 industries it can reach: for every structure the answer is "only if a further fact applies".
Size does not change the answer in the 4 industries it can reach: at every size band the answer is "only if a further fact applies".
Worked examples
Each line is one run of the Rules Mate applicability engine for a single business profile, with the reason the engine gives:
- Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M: does not apply. Requires a trigger outside this questionnaire.
- Pty Ltd company in construction (residential & commercial) with 6–19 employees, turnover $1M–$3M: check whether it applies. applies only if you own, occupy or caused contamination of land.
When you need to check further
The engine shows this obligation as "check whether this applies" when a business has industry: Manufacturing / Mining & resources / Agriculture, forestry & fishing / Construction (residential & commercial). It then applies only if you own, occupy or caused contamination of land. That fact is not something Rules Mate can infer from industry, structure or size.
What you must do, and when
- When due
- Notification per state-specific timeframe.
- Frequency
- When a triggering event occurs
- Evidence to keep
- Notification record; site investigation; remediation plan; clearance certificate.
- Status
- Current
- Priority
- Critical
Penalty for not complying
Maximum penalty: Significant civil + criminal penalties; cleanup costs + interest.
Criminal liability
Audit or assurance level
Rules Mate has not yet classified the audit or assurance level for this obligation. Any audit, review or certification requirement is set by the regulator source listed below.
Where it sits in the corpus
Rules Mate tracks 13 published obligations tagged "environment", 4 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 1 of those apply outright. This obligation is rated critical priority and carries criminal liability, and is triggered by events.
Regulator, legislation and tools
Regulated by NSW Environment Protection Authority, Victorian Environment Protection Authority, Queensland Department of Environment, Science and Innovation, Western Australian Environmental Protection Authority, South Australian Environment Protection Authority and Tasmanian Environment Protection Authority.
EPA NSW: NSW environment regulator — pollution, contamination, waste, and chemicals licensing.
EPA Victoria: Victorian environment regulator under the new general environmental duty (Environment Protection Act 2017).
DES Qld: QLD environmental regulator — environmental authorities, contaminated land, biosecurity.
EPA WA: WA environmental impact assessment + advisory body.
EPA SA: SA environmental regulator — pollution, waste, environmental authorities.
EPA Tas: Tasmanian environmental regulator.
- NSW Environment Protection Authority
- Victorian Environment Protection Authority
- Queensland Department of Environment, Science and Innovation
- Western Australian Environmental Protection Authority
- South Australian Environment Protection Authority
- Tasmanian Environment Protection Authority
Free tools that help with this obligation:
Questions
- Who must notify + remediate contaminated land (state)?
- Applies only if you own, occupy or caused contamination of land. Whether it applies turns on a fact that no industry, structure or size settles on its own.
- Do sole traders need to notify + remediate contaminated land (state)?
- Only if a further fact applies. Looking in the 4 industries it can reach and every size band, the engine's answer for a sole trader is: only if a further fact applies.
- Do businesses with 1–5 employees need to notify + remediate contaminated land (state)?
- Only if a further fact applies (1–5 employees, turnover $100K–$1M).
- When is "Notify + remediate contaminated land (state)" due?
- Notification per state-specific timeframe.
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.