ARE YOU SITTING ON CONTAMINATED LAND?

A new legislation, The Contaminated Land Management Act, 1997 came into effect on 17 December 1997. The Act will be governed by the Environmental Protection Authority, who are authorised to investigate what they believe to be a contaminated property and issue orders for remediation. "Contamination" has been defined in the Act to be the presence that presents a risk of harm to human health or any other aspect of the environment. The risk must be significant for the EPA to have the power to investigate and order remediation. The matters the EPA take into consideration in determining whether there is a significant risk of harm are:- (a)whether the contamination has already caused harm – ie. toxic effect on plants and animals (b)whether the substance is toxic, persistent and present in large quantities or high concentration levels (c)whether there is exposure (or possible exposure) of the substance. (d)whether the use to which the land has been (or is to be) put may increase the risk of harm. (e)whether the substance has migrated or is likely to migrate from the land. Who is responsible for the clean up? The person who was responsible for the contamination will pay the cost of investigating and remediating the site. However, if the original polluter is unable to be identified or found, the EPA has the power to make orders against the owner of the land regardless of whether the owner had any involvement in the contamination. Any person involved in activities which may have contaminated land, presenting a significant risk of harm, must notify the EPA. Any owner who becomes aware of contamination to land (past or present) with a significant risk of harm must notify the EPA. Failure to comply with an investigation or remediation order attracts monetary penalties ranging from $66,000.00 for individuals and $137,500.00 for corporations. Nadine Betts nadineb@gells.com.au

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