Executive summary of update

This update to the Contaminated Land Management Act 1997 significantly strengthens the Environment Protection Authority's (EPA) regulatory and cost recovery capabilities. The EPA now has expanded powers to issue preliminary investigation notices under the Protection of the Environment Operations Act 1997, broadening its intervention scope. The definition of "statutory site audit" has been extended to include requirements from POEO Act instruments. Critically, the EPA's ability to recover costs for investigation and management, including expenses incurred before formal orders or approvals, has been clarified and made retrospectively applicable. The primary intent is to enhance environmental protection and ensure polluters bear the full cost of contamination management, requiring immediate review of internal processes and financial provisions.

Impacted parties

This update primarily impacts entities responsible for land contamination, landowners, site auditors, and project managers involved in land development or remediation, as well as the Environment Protection Authority.

Change Analysis

1. Expanded EPA Regulatory Powers

Description of Change:* Section 46(2) has been amended to allow the EPA to issue notices or directions in accordance with Part 4.1A of the *Protection of the Environment Operations Act 1997, in addition to existing powers under Parts 4.2 and 4.3.
Legal Implication: This expands the EPA's enforcement toolkit, specifically granting it the power to issue "Preliminary Investigation Notices" under the POEO Act, which can compel persons to undertake investigations into potential environmental harm....