It was not me: when a clean-up notice for contamination can be set aside

A recipient of a clean-up notice should carefully review the notice for both liability and the remedial actions required

Can a landowner be required to clean up legacy contamination? A recent decision of the Queensland Planning and Environment Court provides essential lessons to demonstrate why this may not always be the case.

What is a clean-up notice?

A clean-up notice is a written notice issued under the Environmental Protection Act 1994 (Qld) for a contamination incident.

When can a clean-up notice be given and what can it do?

A clean-up notice may only be given to a person who is reasonably believed to be:

• an occupier of a place at or from which a contamination incident is happening (or happened)