Regulation and Management of
Contaminated Land in NSW
NSW EPA, Stephanie Yu – CLM Program
18 November 2015
1
Overview
 NSW legislation and Contaminated Land
Framework
 Roles and responsibilities
 Significantly Contaminated Sites
 UPSS
2
History of NSW Legislation
Pollution
Contaminated Land

Clean Air Act 1961


Unhealthy Building Land Act 1990
(Public Health Act 1902)
Clean Waters Act 1970


State Pollution Control Commission
1970 - SPCC
Environmentally Hazardous
Chemicals Act 1985 (ss 35 &36)

Contaminated Land Management Act
1997

Noise Control Act 1975

Environmental Planning and
Assessment Act 1979



Protection of the Environment
Administration Act 1991 - Formation
of EPA
Protection of the Environment
Operations Act 1997

Guidelines by EPA (s105)
SEPP 55 - Remediation of Land
1998
-
Planning guidelines
-
Council contaminated land policy
(DCP)
Waste Avoidance and Resource
Recovery Act 2001 -Waste guidelines
3
National Framework
NEPMs
•
National Environment Protection
Measures (NEPMs)
•
Approved by State and Territory
Environment Ministers
•
NEP(Assessment of Site
Contamination) M 1999
•
Assessment ONLY
•
National Environment Protection
Council (NEPC) administers
•
Each jurisdiction applies (NSW
s.105 CLM Act)
•
Amended in 2013
4
Key NSW Legislation
Contaminated sites are managed
through either:
• Contaminated Land Management
Act 1997 - Contaminated sites where
intervention by the EPA is warranted;
or
• Environmental Planning and
Assessment Act 1979, including
SEPP55 & Planning Guidelines Contaminated sites where remedial
actions can wait for development
control process (ie rezoning
/redevelopment) and /or
• Protection of the Environment
Operations Act 1979 – pollution
events, scheduled activities, UPSS
regulation
5
ESD
Planning
EP&A Act
Development
approvals & policy
ASC
NEPM
SEPP 55 &
Guidelines
Community,
CLM Act &
Landholders, Industry,
Guidelines Developers, Agencies,
Auditor
Scheme
Consultants
Local Councils
EPA
Operational policy
& controls
Contaminated land
policies, guidance
POEO Act
Development approvals
& controls
(Waste)
(UPSS)
(Vapour Recovery)
6
The Role of Contaminated Site Auditors
Available to anyone who needs independent, authoritative review
of information relating to contaminated sites.
CLM Act and Auditor Guidelines describe auditor scope
EPA accredits auditors, performs QA/QC on their work to ensure
independence and adherence to regulatory requirements
Audit: Critical review of data - sets out rationale for auditor
findings
Statutory audit: required under a regulatory instrument eg Clean
Up Notice, Development Approval, Management Order - advised
to EPA
Non Statutory Audit: issued as part of due diligence report
7
Contaminated Land Management (CLM) Act
1997
Sets out:
• Accountabilities for managing contamination – polluter
pays & hierarchy of responsibility: polluter, owner and
notional owner
• Role of EPA in assessment, supervision, investigation
and management of contaminated sites
• Role of EPA for accreditation of site auditors- Part 4 &
Auditor Guidelines
• Role to ensure contaminated land is managed
according to ESD principles
• Role of EPA to maintain records (local authority to be
informed - s59)
8
CLM Act:
Applies only to sites where contamination is
“Significant Enough to Warrant Regulation” (SEWR)
Requires notification by owner/polluter of significant
contamination – s60 Duty to Report guidelines
- Assessing site contamination for SEWR - s12
- Public notification of significantly contaminated sites
- Regulating sites through voluntary agreements or proscription
to investigate and remediate (Declarations, Orders),
- Cost recovery
- Site Auditor accreditation scheme
Contaminated Land Management Record links with
s.149(2) certificates
CLM Act:
• s.11 Declarations (after assessment)
• s.10 Preliminary Investigation Orders
• s.17 Voluntary Management Proposals
• s.14 Management Orders
• s.44 Amendment/Repeal Notices
• s.28 Ongoing Maintenance Orders
• s.29 Ongoing Maintenance Restrictions and Covenants
List of sites notified under s.60 (GIPA
proactive information disclosure) – Website
Orders are enforceable – penalties for non
compliance
10
CLM Act:
Voluntary Management Proposals vs. Management Orders
17%
73%
10%
Source: The EPA March 2014
Approved Voluntary Proposals
Orders
s28 Notices
Proportion of sites regulated by approved voluntary management proposals
and other regulatory tools, in the last five financial years (~200 sites total)
11
12
Sources of Contamination
Old
(18-19th Century)
New (20th Century)
Cesspits/ sewage
Intensive agriculture
Putrescibles
Electroplating
Abattoirs
Synthetic Pesticides
Tanneries/wool scouring
Power stations
Mines/smelters
Petro-Chemical works
Foundries/factories
Scrap yards
Shipyards
Radionuclides
Gasworks
Fuel Storage & Supply
Stock dip sites
Dry cleaners
Pharmaceuticals
e-waste
13
~ 70% of EPA regulated sites are petroleum
related
Source: Auditor-General’s Report 2012
14
Fuel Storage and Dispensing
Underground Petroleum Storage System
Regulation 2014
AS 4897-2008: The design installation and operation
of underground petroleum storage systems
 System Design & Installation: subsurface infrastructure fitfor-purpose
 Operational Management: managed, maintained &
monitored with records to show how.
 System Backup: if all else fails a way to detect leaks and
report incidents
 Informing authorities: if an incident occurs
(Part 5.7 POEO)
16
Government Roles at UPSS Sites
Council – surface management,
pollution, above ground structures
Development Approvals
SafeWork
Fuel handling:
Vapour
management
& recovery
EPA
Google Image
Pollution
Prevention UST Infrastructure,
management, loss
monitoring, maintenance,
leak detection, reporting
Safety
Dangerous
goods
notification,
UST
abandonment
& removal
17
Investigation of Service Station Sites
18
Guidance
Guidelines made under s105 the CLM Act and
POEO
Includes those published by EPA and others
endorsed in the Act - have statutory force
http://www.epa.nsw.gov.au/clm/guidelines.htm
Technical notes prepared by the EPA
http://www.epa.nsw.gov.au/clm/otherguidance.htm
Industry sourced documents
Eg CRC CARE
19
Consultant Certification
 EPA Recognised Certifications
- Site Contamination Practitioners Australia
- Contaminated Land Assessment Specialist
Certified Environmental Practitioner (EIANZ)
 Reporting requirements
- All reports submitted to the EPA to be
prepared or reviewed by certified practitioner
- Transition until 1 July 2017
20
Summary
 Contamination versus Pollution
 Interaction of legislation
 EPA/CLM Act – Significantly
Contaminated Sites
 Fuel facilities are the No.1 source of
contamination
 All have a role to play to ensure these
sites are managed correctly
21
Questions
Source: Malcom Dale
22