Healthy Environment, Healthy Community, Healthy Business

Environment Protection Authority

Notification policy

Policy for publishing notices about land regulated under the Contaminated Land Management Act 1997

When the Environment Protection Authority (EPA) has declared that land contamination is significant enough to warrant regulation or that land has ceased to be significantly contaminated land under the Contaminated Land Management Act 1997 (CLM Act), the CLM Act requires that all identified interested parties are notified of the declaration. The declaration must be made by a notice that is published. The EPA is required to publish the notice using the methods described below:

Publishing

Upon finalising a declaration made under section 11 of the CLM Act, the EPA must notify identified interested parties and the public of the declaration using the following methods:

  • Publish a copy of the notice in the Government Gazette;
  • Serve a copy of the notice to the owner of the land, those persons who the EPA has reason to believe are responsible for the contamination, the occupier of the land and the local authority; and
  • Publish a record of the declaration on the contaminated land - record of notices on the EPA website.

Upon revoking a declaration the EPA will serve a copy of the notice to the persons on whom the declaration was served and publish a record of the notice on the contaminated land - record of notices on the EPA website.

Additional communication actions

Depending on the circumstances of contamination, for example where the contamination has been considered to have a significant regional impact, the following additional actions may also be undertaken:

  • issue a media release,
  • issue a letter to relevant stakeholders or government organisations,
  • advise the local community of the contamination and its actual or potential impacts by a letter box drop,
  • advertise its intention to regulate in the relevant newspapers,
  • require the responsible person to develop and implement community communication strategies about the contamination and how it is being addressed,
  • other equivalent action as necessary.
Page last updated: 12 February 2014