Significant changes to the Contaminated Land Management Act
1997 (NSW) come into effect today. Businesses who own, lease
or manage contaminated land in New South Wales may find themselves
liable for contamination where they previously had no
responsibility.
Changes under the Contaminated Land Management Amendment Act
2008 (NSW) relating to the removal of the 'no
knowledge' defence, a new offence of providing false or
misleading information, and the introduction of offset arrangements
came into force on 10 December 2008. From 1 July 2009, the
remainder of the provisions take effect, including the removal of
the 'significant risk of harm' test. The changes give the
NSW Environment Protection Authority (EPA) broader powers to issue
investigation and clean up orders and cast a wider net in terms of
those with responsibility for reporting contamination in New South
Wales.
