Contaminated Land Management Act 1997 (NSW)

Contaminated Land Management Act 1997 No 140

An Act to promote the better management of contaminated land; to amend the Environmentally Hazardous Chemicals Act 1985; to amend certain other Acts; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Contaminated Land Management Act 1997.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Objects of this Act (1) The general object of this Act is to establish a process for investigating and (where appropriate) remediating land that the EPA considers to be contaminated significantly enough to require regulation under Division 2 of Part 3. (2) Particular objects of this Act are— (a) to set out accountabilities for managing contamination if the EPA considers the contamination is significant enough to require regulation under Division 2 of Part 3, and (b) to set out the role of the EPA in the assessment of contamination and the supervision of the investigation and management of contaminated sites, and (c) to provide for the accreditation of site auditors of contaminated land to ensure appropriate standards of auditing in the management of contaminated land, and (d) to ensure that contaminated land is managed with regard to the principles of ecologically sustainable development.

4 Definitions (1) In this Act— accreditation panel means the accreditation panel convened by the EPA under Part 4. appropriate person means a person specified in accordance with section 13 as a person who is to be the subject of a management order. approved use of land means— (a) a use to which the subject land may be put without planning approval, or (b) a use to which the subject land may be put under an existing planning approval and for which no further planning approval is required. approved voluntary management proposal means a voluntary management proposal that has been approved by the EPA under section 17, as modified by any conditions imposed by the EPA under that section. authorised officer means a person appointed by the EPA under Part 7.2 of the Protection of the Environment Operations Act 1997 as an authorised officer for the purposes of this Act. Board of the EPA means the Board within the meaning of the Protection of the Environment Administration Act 1991. CEO of the EPA means the Chief Executive Officer within the meaning of the Protection of the Environment Administration Act 1991. Chairperson of the EPA Board means the Chairperson within the meaning of the Protection of the Environment Administration Act 1991. contaminate and contamination are defined in section 5. costs include expenses. environment means components of the earth, including— (a) land, air and water, and (b) any layer of the atmosphere, and (c) any organic or inorganic matter and any living organism, and (d) human-made or modified structures and areas, and includes interacting natural ecosystems that include components referred to in paragraphs (a)–(c).