Key Point
- More people will be responsible for contamination, and
failure to address it will attract more severe
penalties.
The New South Wales Government has tightened its regulation of
contaminated land exposing landowners and businesses to harsher
penalties and more extensive obligations on landowners to report
contamination.
On 10 December 2008, the Contaminated Land Management Amendment
Act 2008 was passed by the New South Wales Parliament significantly
amending the Contaminated Land Management Act 1997 (NSW)
(CLM Act). These changes impact on owners,
developers, landlords, tenants, and purchasers. In dealing with
contaminated land, regulators seek to ensure that the contamination
is effectively addressed to protect human health and the
environment, and managed by the appropriate persons. On the other
hand, owners and occupiers of property are concerned with ensuring
that their investment is adequately protected and that they comply
with the relevant