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ARTICLE · 30 JULY 2015

New Guidelines on the Duty to Report Contamination in NSW

The updated guidelines are now in effect in NSW and may require notification of additional contaminated sites to the EPA.

AustraliaEnvironment
Rebecca Davie (Formerly With Clayton Utz)
Rebecca Davie (Formerly With Clayton Utz)
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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.

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