Apportioning remediation responsibility - how should the WA Contaminated Sites Committee do it?

Key Points:

The decision in Coffey could have major implications for deciding who is responsible for site contamination.

Responsibility for remediation is a major issue when dealing with contaminated sites, but there has been some uncertainty about how WA's Contaminated Sites Committee should approach assigning it under the Contaminated Sites Act 2003 (WA). This might soon be dispelled by the WA Supreme Court.

Background

The Contaminated Sites Committee issued a draft decision holding Coffey LPM Pty Ltd (an environmental consultant) 70% responsible for the contamination of a former service station site because it caused the contamination when it damaged a subterranean fuel pipe during a site investigation.