Planning and responsible authorities may require a preliminary risk screen assessment (PRSA) or an environmental audit for sites with:
- potentially contaminated land
- an environmental audit overlay (EAO).
The outcome of a PRSA or an environmental audit may influence planning application outcomes and planning scheme amendments.
What is potentially contaminated land
Potentially contaminated land has a specific meaning for land use planning.
It's defined in Ministerial Direction 1 as land:
- used or known to have been used for industry or mining
- used or known to have been used for the storage of chemicals, gas, waste or liquid fuel (except for minor above-ground storage that’s in addition to other land use)
- where a known past or present activity or event may have caused contamination of the land.
Proposed planning amendments relating to potentially contaminated land
When deciding on a proposed planning amendment relating to potentially contaminated land, the planning authority considers:
- whether the land is potentially contaminated
- what assessment is needed
- if the land is suitable, or if it can be made suitable, for the proposed use.
It must be determined if the land is potentially contaminated or not at the time of the proposed planning amendment.
If the land is determined to be potentially contaminated, then Ministerial Direction 1 sets out the requirements for the land to be assessed further.
How Ministerial Direction 1 applies
The purpose of Ministerial Direction 1 is to ensure that potentially contaminated land is suitable for a use:
- proposed under an amendment to a planning scheme, and
- which could be significantly affected by any contamination.
Under Ministerial Direction 1, a use that could be significantly affected is a:
- sensitive use
- children's playground
- secondary school.
Sensitive use means:
- residential use
- a childcare centre
- a kindergarten
- a preschool centre or primary school.
The direction also includes requirements for agriculture or public open space uses.
To allow these uses on potentially contaminated land, the planning authority must be satisfied that the land is or will be suitable for that use. This can be done by conducting:
- an environmental audit that concludes that the land is suitable for the proposed use, or
- a PRSA that concludes that an environmental audit is not required.
An environmental audit statement relating to potentially contaminated land must:
- outline any risks relating to the site
- provide recommendations to manage the risks.
The planning authority may need to consider how the recommendations of an audit:
- are considered within the Planning Scheme
- will be actioned.
This ensures that when a planning permit is sought, the recommendations of the audit are transitioned to the planning permit.
For more information, visit the Planning Victoria website for:
- Planning Practice Note 30: Potentially contaminated land, which provides a list of land uses with the potential to contaminate.
- information about contaminated land and planning.
Environmental audit overlays
A planning authority can apply an environmental audit overlay (EAO) to land when:
- potentially contaminated land has been identified through a planning process or other measure, and
- it is determined that it is too difficult or inappropriate to do the further assessment up front.
The presence of an EAO means it has been determined that the land is potentially contaminated, but the contamination has not been assessed yet.
Land with an EAO cannot be used for a sensitive use or developed – building and works –in association with a sensitive use until:
- a PRSA is issued stating that an environmental audit is not required for the use or proposed use, or
- an environmental audit statement is issued stating that concludes that the land is suitable for the use or proposed use, or
- a certificate of environmental audit has been issued for the land under the Environment Protection Act 1970, or
- a statement of environmental audit has been issued for the land under the Environment Protection Act 1970 stating that the environmental conditions of the land are suitable for the use or proposed use.
Potentially contaminated land assessment for statutory planning
Potentially contaminated land must be assessed before a decision is made about a permit application. This is to make sure the land is suitable for the proposed use.
Responsible planning authorities may need an environmental audit or PRSA to inform their decisions about land use and development. This often occurs with sites proposed for a sensitive land use. The outcome of an environmental audit may influence the outcome of a planning permit application.
The environmental audit statement provided at the end of an environmental audit must:
- outline any risks relating to the site
- include recommendations to management the risks.
An owner or occupier must use the site in a way that’s consistent with these recommendations. The responsible authority may need to consider requirements to action the audit recommendations. For example, audit statement recommendations can become planning permit conditions.
For more information, visit the Planning Victoria website for Planning Practice Note 30: Potentially contaminated land.
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