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.
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.
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. This is distinct from the preliminary investigation orders under Section 10 of this Act.
Practical Implication: Companies and individuals may now face a broader range of EPA notices, requiring compliance with preliminary investigations under the POEO Act framework, even before formal declarations of significantly contaminated land under this Act. This could lead to earlier intervention by the EPA in potential contamination matters.
Description of Change:* Section 47 has been amended by inserting a new clause (c1) into the definition of "statutory site audit". This new clause includes "a requirement imposed by an instrument issued under the Protection of the Environment Operations Act 1997, or regulations under that Act, that a site audit be carried out by a site auditor accredited under this Act."
Legal Implication: The scope of activities that legally require a site audit by an accredited site auditor has been expanded. Previously, statutory site audits were primarily linked to requirements under this Act or the *Environmental Planning and Assessment Act 1979....
