2.11 Contaminated Land
Part 2 – General Considerations for Development
- Council is required under State Environmental Planning Policy (Resilience and Hazards) 2021 to ensure all land is suitable, or can be made suitable, for its intended use.
- This section provides the framework for identifying, assessing, and remediating contaminated land in accordance with the NSW EPA Contaminated Land Management Act 1997 and associated guidelines.
Objectives
Health and Safety: To ensure land is safe for human health and the environment.
Informed Assessment: To ensure Council has sufficient evidence to determine if site contamination restricts the proposed development.
Effective Remediation: To facilitate the appropriate cleanup of land to a standard suitable for the proposed use.
Controls
Development is to incorporate measures to prevent new contamination of soil, air, and water during and after construction.
Site Suitability Assessment: For known or suspected contaminated sites, a Phase 1 Preliminary Site Investigation (PSI) or Phase 2 Detailed Site Investigation (DSI) is to be submitted. These reports are to be prepared by a certified consultant in accordance with the NSW EPA Guidelines for Consultants Reporting on Contaminated Land and demonstrate:
- a)The nature and extent of soil and groundwater contamination
- b)Whether the land is currently fit for the proposed use
- c)The specific remediation actions required to make the land safe
Remediation and Validation: Where remediation is required, it is to be performed in accordance with a Remediation Action Plan (RAP). Development may only proceed once Council has received a Validation Report and, where necessary, a Section A Site Audit Statement (SAS) issued by an EPA-accredited Site Auditor, confirming the land is safe for its intended use.