What it contains

The Environment Protection Act 2017 (the Act) aims to ensure that risks to human health and the environment from contaminated land are minimised so far as reasonably practicable. Achieving this aim will be supported by section 39, which creates a duty on persons in management or control of contaminated land (including groundwater) to minimise the risks of harm to human health and the environment from contamination so far as is reasonably practicable (duty to manage). If you are a person in management or control of contaminated land you must meet this duty.

Assessing and controlling contaminated land risks: A guide to meeting the duty to manage for those in management or control of land (this proposed guideline) provides information to any person who manages or controls contaminated land (including land that potentially has contamination present) on how to meet their duty to manage, and also supports contaminated land consultants who are engaged to advise on such matters. This guideline may be used by multiple parties that share management or control over contaminated land or help inform a person proposing to take management or control of contaminated land.

Specifically, this guideline expands on the framework to assess and control risks of harm associated with contaminated land set out in section 39(2) of the Act.

EPA can use this guideline to communicate the duty to manage to stakeholders and, when appropriate (upon finalisation), as a basis for assessing compliance (e.g. to support requirements set out in remedial notices).

This guideline is provided as a proposed guideline. It cannot be relied upon as a final statement of EPA’s position or approach to fulfilling its duties and functions as a regulator. In time, EPA will publish a final version intended for use by duty holders.

Have your say on these guideline

EPA is now seeking feedback on how clear and easy to use the guidelines are. You can provide feedback through Engage Victoria until 9 February 2022. We will use your feedback to further refine the guidelines prior to their publication as final documents.

Publication number
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Release date
3 June 2021

Reviewed 4 January 2022