If you think your site is contaminated
A review of the site's history and a site inspection are a good starting point to determine if there is the potential for contamination. NSW Public Works can carry out both the review and the inspection for you if required and prepare a report for presentation to the DECC.
If you suspect that the site is contaminated, you must report the contamination to DECC as soon as practicable. Contact details can be found at www.environment.nsw.gov.au. Failure to report to DECC knowledge of contamination with a significant risk of harm can result in prosecution and large fines.
If your land has been classed as being of "significant risk of harm"
You may be required to undertake further investigation or remediation to define or address harm posed by the contamination. DECC's primary goal will be to ensure removal or a reduction in the risk so that the existing land uses may continue, or a current approval may proceed.
If your site is declared an "investigation area"
If your site is declared an "investigation area" then DECC considers that the land is contaminated and offers a significant risk of harm. You can agree to investigate contaminated land voluntarily or compulsorily.
If you are negotiating with the DECC to voluntarily investigate the site, you must prepare a Voluntary Investigation Proposal in accordance with the DECC requirements. Once this is signed off with the DECC, a Voluntary Remediation Proposal can be prepared and submitted. This process can save time and money and negate the need for a gazettal associated with a remediation order. NSW Public Works can facilitate and negotiate this process with the DECC and stakeholders. More than one organisation can participate in this process.
If the land is contaminated but there is no significant risk of harm
There is no duty to report the contamination to the DECC but if the land use category is to be changed, for example from industrial use to residential, the contamination will need to be considered and appropriately addressed through the planning process (eg refer to SEPP 55). If you are in doubt, it is always useful to consult the DECC.
If you have been issued with a Remediation Order
It means you must submit a plan for remediation, such as a Remediation Action Plan, to the DECC and carry out the remediation. Preparation of the remediation plan can be done by a government agency or their representative (such as NSW Public Works) or a specialist consultant. The remediation can be undertaken by a firm that specialises in this.
How you get the Declaration and Order removed
When the DECC is satisfied that the remediation site is no longer contaminated and able to cause a significant risk of harm, it will publish a notice to this effect in the Gazette notifying the parties to whom the declaration was made.
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