The Environment Protection Act 2017 introduces two new duties for contaminated land.
The duty to manage
This gives the responsibility for managing contaminated land to those who manage or control it. This makes sure that those in control manage the risks of harm contaminated land poses.
The duty to notify of notifiable contamination
This helps EPA to understand contamination across Victoria.
The proposed final Regulations also prescribe or set out what the Act requires to properly manage and notify of contaminated land. The Regulations:
- outline a process for prescribing background levels of contamination. This helps duty holders understand when they must manage contamination and notify EPA
- prescribe circumstances that are notifiable contamination. This helps duty holders understand when they don’t have to notify EPA
- prescribe circumstances that are exempt from the duty to notify. For example, where a site already has an EPA notice or certificate of environmental audit or statement
- set out additional matters that notifications of contamination made to EPA must include
- set out clean-up obligations under the duty to manage. This is where a person manages or controls land where a non-aqueous phase liquid is present in soil or groundwater. A non-aqueous phase liquid is one that doesn’t easily dissolve in water.
- Learn more about the contaminated land duties.
Read more about the proposed final Regulations
Reviewed 30 March 2021