Who are these guidelines for?

These guidelines mainly apply to consultants reporting on the management of contaminated land in NSW. This may inform their judgement and advice given to their clients. They are made by the NSW EPA under section 105 of the Contaminated Land Management Act 1997 and take effect on the day that they are published in the NSW Government Gazette.

When published, these guidelines must be considered by:
  • the EPA
  • accredited site auditors when conducting a site audit
  • contaminated land consultants when reporting on contaminated sites; including investigation, remediation, validating, and ongoing management
  • those responsible for land contamination with a duty to notify the EPA.

What is the purpose of these guidelines?

The NSW EPA has reviewed and is updating its guidance to ensure that reports prepared by consultants on contaminated land contain the right information in a suitable format to allow efficient review by regulators, site auditors, and other interested parties.

These guidelines:
  • describe the stages of reporting on the management of contaminated land and the objective of the reports for each stage
  • provide checklists of reporting requirements for consultants to use when reporting on contaminated sites.
For contaminated sites subject to planning processes such as a rezoning application, development application and/or building approval, consult the appropriate planning authority and planning guidance including the:
  • State Environmental Planning Policy No 55 – Remediation of Land (SEPP 55).
  • Managing Land Contamination Planning Guidelines SEPP 55 – Remediation of Land (Department of Urban Affairs and Planning and EPA 1998) (Planning Guidelines) (or updates).

What is a statutory guideline?

The EPA can make or approve guidelines under section 105 of the Contaminated Land Management Act 1997 for the purposes connected with the objects of the Act. These are called statutory guidelines and it is a legal requirement that they must be followed by certain people. These people include:
  • the EPA (when regulating contaminated land)
  • accredited site auditors (when conducting a site audit)
  • contaminated land consultants (when investigating, remediating, validating and reporting on contaminated sites)
  • those responsible for land contamination with a duty to notify the EPA.

When will these guidelines apply?

These guidelines are expected to be implemented by the end of 2019, following the consultation process.
Consultation will close at midnight on 8 October 2019.

Why are these guidelines being updated?

These guidelines have been updated to:
  • include up-to-date policy and legislative requirements on the reporting of contaminated land at both state and federal levels
  • reflect industry best practice
  • ensure they are user-friendly.
They will replace the Guidelines for consultants reporting on contaminated sites.

How can I have my say?

Consultation is closed

Consultation was open for six weeks, from 27 August until midnight 8 October 2019.