New south wales environment protection authority wikipedia. What is the abbreviation for act contaminated land management act 1997. This version of the legislation is compiled and maintained in a database of legislation by the parliamentary counsels office and published on the. Significant amendments to the contaminated land management act 1997 clm act were introduced in december 2008 as a result of the assent of the contaminated land management amendment act 2008. We acknowledge the traditional owners of this land and pay. Fluffy sites in the act do not meet the notification requirements for contaminated land under the environment protection act 1997. Contaminated land management act 1997 procedural guide for. The remediation work must be carried out in accordance with the guidelines under the contaminated land management act 1997 and the requirements of councils contaminated land policy pdf, 201kb.
In australia, state and territory governments have enacted laws, such as the environment protection act 1970 vic, the environmental protection act 1994 qld and the contaminated land management act 1997 nsw, etc. The waste and contaminated land northern ireland order. The storage and sharing of contaminated land information through section 149 certificates. On 3 july 2015, the new guidelines on the duty to report contamination under section 60 of the. The australasian journal of natural resources law and policy, vol. Background and commentary 1 1 australian and new zealand environme nt and conservation council, national health and medica l research council, 1992, australian and new zealand guidelines for the assessment and management of contaminated sites. Contaminated land management act 1997 as at 8 january 2019 act 140 of 1997 table of provisions long title part 1 preliminary 1. Changes that have been made appear in the content and are referenced with annotations. Section 36, as amended by the contaminated land management amendment act 2003, extends to costs incurred before the amendment of that section by that act if those costs were incurred on or after 1 september 1998. Identification and remediation of significantly contaminated land. C1 a contaminated land management plan will be prepared in accordance with the guideline for the management of contamination roads and maritime, 20 and implemented as part of the cemp.
The storage and sharing of contaminated land information through section 149 planning certificates. Clm abbreviation stands for act contaminated land management act 1997. Crc for contamination assessment and remediation of the environment. Contaminated land management act 1997 no 140 section 4 historical version for 29. Written notice must also be submitted to council within 30 days of the completion of the work. Remediation of land sepp 55 and in conjunction with the contaminated land management act 1997 clm act and the gloucester local environment plan 2000. The contaminated land management act 1997 clm act establishes a legal framework that gives the epa powers to require the assessment and remediation of sites where contamination is significant enough to warrant regulation. Western australian legislation land administration act 1997. Contaminated land management act 1997 no 140 section 4 preliminary part 1 b in relation to other land, does not include a person just because the person has an interest in the land under a lease, licence or permit, and c in relation to land that is not crown land and is not subject. An analysis of the regime under the contaminated land management act 1997 nsw. Contaminated land management act 1997 took effect, replacing the previous 2009 version. The proposed amendments to the contaminated land management act 1997 nsw act contained in the amending act include provisions that may necessitate owners and occupiers of contaminated land to be proactive and not adopt a head in the sand attitude.
Contaminated land management act 1997 sect 60 duty. Contaminated land management act 1997 sect 7 concept of notional owner 7 concept of notional owner 1 for the purposes of this act, a notional owner of land is a person who is a mortgagee in possession of the land or who has a vested interest with respect to the land. The waste and contaminated land northern ireland order 1997 is up to date with all changes known to be in force on or before 09 march 2020. Protection authority contaminated land management act 1997 procedural guide for epa officers and provide recommendations to ensure the procedural guide.
The contaminated land management act 1997 the clm act was assented to on 17 december 1997. The general aim of the contaminated land management act 1997 clm act is to establish a process for investigating and where appropriate remediating contaminated land. The following abbreviations are used in the historical notes. Reprint no 1 22 may 2001 reprint no 2 4 may 2004 reprint no 3 14 july 2009. Site auditor scheme administered by the contaminated land management act clm act 1997. The clean up of these sites is considered as hazardous materials abatement, not the remediation of contaminated land requiring independent audit, and therefore not required to be listed on the register. Contaminated land management act 1997 no 140 nsw legislation. The epa can make or approve guidelines under section 105 of the contaminated land management act 1997 for the purposes connected with the objects of the act. Contaminated sites environment protection policy access canberra. Charge pursuant to contaminated land management act 1997. Draft guidelines on the duty to report contamination under. It may also have implications for parties dealing with contaminated land whether by sale.
Versions of this act includes consolidations, reprints and as passed versions subsidiary legislation made under this act current versions history of this act. Duty to report under the contaminated land management act. This policy forms the basis for the management of land contamination within the kuringgai local government area and implements state legislative requirements. Contaminated land management act 1997 sect 10 preliminary investigation orders 10 preliminary investigation orders 1 the epa may, by order in writing served on a person, direct the person to conduct a preliminary investigation of land specified in the order the specified land within the time specified in the order to. Transfer of certain land on contaminated sites register to environmental management register. Contaminated land management act 1997 sect 71 certificate evidence of certain matters 71 certificate evidence of certain matters 1 a document signed by the chairperson of the epa or an officer of the epa designated in writing by the chairperson of the epa for the purposes of this section and certifying any one or more of the matters specified in subsection. The nsw epa was established as an independent governing board in february 2012 separate from the office of environment and heritage. International real estate society conference 99 co. General description of the monitoring, auditing and reporting of actions and mitigation measures. The principal law is the protection of the environment operations act 1997. General description of possible mitigation measures for managing contamination, including the handling, treatment and management of contamination. Part 4 provisions consequent on enactment of the contaminated land management amendment act 2003 7 recovery of costs. Contaminated land management act 1997 sect 60 duty to report contamination 60 duty to report contamination 1 a person whose activities have contaminated land must notify the epa in writing in accordance with this section that the land has been so contaminated.
Current version for 8 january 2019 to date accessed 26 april 2020 at. This regulation replaces the contaminated land management. The nsw environment protection authority epa is an independent statutory authority that sits in the environment portfolio as part of the planning and environment cluster. Status of local soil contamination in europe european soil data. Page 2 contaminated land management in queensland this paper will deal only with the provisions integrating the contaminated land act cla into the environmental protection act 1994 epa.
Mfodwo, kwame, riskbased management of historically contaminated land in nsw. Pursuant to the contaminated land management act 1997 a charge in favour of a statutory authority may be registered by lodgment of a request form 11r pdf 150 kb accompanied by a copy of the cost notice for investigation or remediation of land issued by the statutory authority. Dependent on the legislation item being viewed this may include. Contaminated land management act 1997 20 no 491 part 1 preliminary 1 name of regulation this regulation is the contaminated land management regulation 20. This document has been prepared in light of the amendments to the contaminated land management act 1997 clm act by the contaminated land management amendment act 2008 clm amendment act 2008. Contaminated land management act 1997 as at 8 january 2019 act 140 of 1997 notes reprint history. Environmental protection act 1994 queensland legislation. The waste and contaminated land northern ireland order 1997. Managing contaminated or potentially contaminated land within. The nsw epa is the states primary environmental regulator. Contaminated land management act 1997 sect 59 local authorities to be informed 59 local authorities to be informed 1 the epa must, as soon as practicable after the occurrence of any of the following in relation to land, inform the local authority for the area in which land is situated of that matter. There are changes that may be brought into force at a future date. Riskbased management of historically contaminated land in. Contaminated land management act 1997 sect 5 contamination 5 contamination 1 contamination of land, for the purposes of this act, means the presence in, on or under the land of a substance at a concentration above the concentration at which the substance is normally present in, on or under respectively land in the same locality, being a presence that presents a.