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ARTICLE · 02 APRIL 2009

Changes To Contaminated Land Law In NSW: How Does This Impact On You?

More people will be responsible for contamination, and failure to address it will attract more severe penalties.

AustraliaEnvironment

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

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