Introduction
In this article we highlight the latest developments in the
management of contaminated land in NSW, most notably:
- the long awaited update to the National Environment
Protection Measure (Assessment of Site Contamination) 1999 is
now in place; and
- recent developments in the Courts regarding the enforcement of
contamination and remediation indemnity clauses.
Contamination is a significant issue for landowners and
occupiers. The Environmental Protection Authority
(EPA) estimated that there are about 30,000
contaminated sites in NSW. However only around 1,000 of these sites
are likely to be significantly contaminated, with about half
requiring intervention by the EPA. The remainder of the these sites
are, in the EPA's view, able to be managed under the planning
system when they are rezoned or redeveloped.
