New site contamination legislation for SA
New site contamination legislation came into effect in South Australia on 1 July 2009.
The Environment Protection (Site Contamination) Amendment Act 2007 adds provisions to the Environment Protection Act 1993 in relation to site contamination, assigns responsibility for site contamination, establishes a statutory audit system for South Australia and gives the EPA powers to deal with site contamination. The legislative provisions form part of a set of measures to ensure that site contamination is adequately managed in South Australia. These measures will consist of:
- The Environment Protection (Site Contamination) Amendment Act 2007
- The Environment Protection Regulations 2009
- A series of supporting publications including codes of practice, guidelines and information sheets
- Amendments to regulations under the Land and Business (Sale and Conveyancing) Act 1994.
In addition appropriate amendments to planning processes under the Development Act 1993 are being prepared.
The new legislation provides provisions as follows:
- New definitions
- Retrospective assignment of responsibilities
- Responsibility for site contamination
- Enforcement powers
- Special provisions
- Eestablishment of audit system
- Establishment of framework to allow the implementation of amendments to the Development Act
The EP Act defines site contamination as:
- Chemical substances are present on or below the surface of the site in concentrations above the background concentrations (if any); and
- The chemical substances have, at least in part, come to be present there as a result of an activity at the site or elsewhere; and
the presence of the chemical substances in those concentrations has resulted in- actual or potential harm to the health or safety of human beings that is not trivial, taking into account current or proposed land uses; or
- actual or potential harm to water that is not trivial; or
- other actual or potential environmental harm that is not trivial, taking into account current or proposed land uses
The EP Act also defines appropriate persons, voluntary proposals, orders, non-compliance with orders, duty to notify, transfer of liability, taking of underground water, auditors, audits, notation of audit reports on titles and honesty in reporting.
More detailed information is available on the EPA web site
http://www.epa.sa.gov.au/environmental_info/site_contamination