Significant Legislative Changes To The Regulation Of Contaminated Land In NSW

The Contaminated Land Management Amendment Act 2008 (NSW) was passed by the New South Wales Parliament in December 2008. A number of significant provisions were assented to on 10 December 2008, however, the majority of the amendments are still to come into force, giving industry an opportunity to prepare for the changes.

After an extensive consultation process and amendment to the Draft Contaminated Land Management Amendment Bill 2007 (Bill) the Contaminated Land Management Amendment Act 2008 (NSW) (Amendment Act) has now passed through both Houses of the New South Wales Parliament. The Amendment Act is the product of the first major review of the Act since it was introduced ten years ago. Amongst other things the amendments have significantly enhanced the EPA's powers to require the investigation of contaminated land, extended the duty to report land contamination and changed the test for determining when land is contaminated and can be regulated. The Amendment