Contaminated Land Management and Remediation:

Contaminated land can be seriously hazardous to the health of the public, and can also become a serious financial liability for local Councils and businesses. Usual examples of contaminated land can be found in and around areas where there has been heavy industrial activity, a former waste dumping or processing area, a place where industrial scale farming activities have taken place, or in residential areas where lead based paints, dry cleaning, chemicals, oils or petroleum products have been widely used.

Laws that relate to contaminated land disputes or issues may include the following:

• Contaminated Land Management Act 1997 (NSW);
• Environmental Planning and Assessment Act 1997 (NSW);
• Environmentally Hazardous Chemicals Act 1985 (NSW);
• Pesticides Act 1999 (NSW);
• Protection of the Environment (Operations) Act 1997 (NSW);
• State Environmental Planning Policy No. 55 – Remediation of Land;

The scheme established under the Contaminated Land Management Act 1997 places the liability for contamination on the person or company causing the pollution. The term “contamination” is defined under the Act and that definition must be applied to the facts of each case before a polluter’s liability can be determined. “Remediation” too, is defined under the Act, and this involves removing, dispersing, destroying, reducing or mitigating the effects of the hazardous or contaminating agent from the land.

Other than individual councils, the Environmental Protection Authority (herein the “EPA”) may also need to be dealt with in relation to land that has been or may be contaminated. The EPA has produced guidelines that land owners, businesses and developers should be familiar with when dealing with land that may be contaminated with certain chemicals or hazardous, agents.

If you are involved in a dispute concerning contaminated land, its management or remediation, there may be a variety of significant legal considerations to be weighed up so that an appropriate strategy to run your case is set. Our environmental property lawyers have been assisting in this area and have handled advisory and/or litigation matters in this area for many years. 

If you would like to discuss these issues in more detail, you can contact our firm by telephone on (02) 9233 4048 or send an email to info@navado.com.au to arrange a meeting with our solicitors.

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.