Changes To Contaminated Land Law In NSW Have Commenced: What Are Your Obligations?

Key Points:
Although the Guidelines on the Duty to Report Contamination are not in force, it would be prudent for people to gain an understanding of their potential obligations now.

The New South Wales Government has enacted significant amendments to the Contaminated Land Management Act 1997 (NSW) (CLM Act), which have now come into force as of 1 July 2009.

One of the key amendments is an extended duty to notify contamination to the Environment Protection Authority (EPA). In summary, a person who has contaminated land or a landowner of contaminated land has a duty to notify the EPA if:

• A contaminant has entered or will foreseeably enter neighbouring land and the level of contamination will foreseeably be above a prescribed level; or