Key Points:
New Guidelines on the Duty to Report Contamination are
in effect in NSW and may require notification of additional
contaminated sites to the EPA.
On 3 July 2015, the new Guidelines on the Duty to Report
Contamination under the Contaminated Land Management Act 1997 took
effect, replacing the previous 2009 version.
A duty to report contaminated sites arises under section 60 of
the Contaminated Land Management Act 1997 (CLM
Act) where the contamination meets relevant criteria or
triggers specified in a guideline. The duty may apply to a person
whose activities have contaminated land or an owner of land that
has been contaminated.
The Guidelines specify the trigger levels for reporting
contaminated sites to the Environment Protection Authority under
section 60 of the CLM Act and describe how the EPA evaluates the
significance of contamination.