Contaminated Land Register
About the Contaminated Land Register
Ensuring a safe and healthy environment for our community is a top priority for Cessnock City Council. Hazardous substances and past land uses have the potential to cause contamination that is harmful to people and the environment. Council have been diligently identifying past land uses within the Local Government Area that may pose risks of contamination.
Council’s Contaminated Land Policy – Land Use Planning provides guidance about managing land that may be impacted by contamination including a Contaminated Land Register. The Register identifies land with potentially contaminating land uses including current uses (such as service stations) or undertaken in the past (such as landfills, gasworks or intensive agricultural activities). In the past, the use of hazardous substances was less regulated than today, and in some cases, contamination persists in the environment for many years after the land use has ceased.
How is potentially contaminated land identified?
We examine historic records, including council files, trade directories, and aerial photographs to identify historic land use activities. Table 1 of Managing Land Contamination, Planning guidelines SEPP 55 – Remediation of Land (1998) provides a list of potentially contaminating activities, which Council has used as a baseline for determining potential inclusion on the register. This process is referred to as an Initial Review. Additional information, such as environmental site investigation reports and details included in historic development applications also assist in identifying relevant land uses. It is important to note that Council may not have knowledge of all instances of potentially contaminating activities within the Local Government Area.
What is Council doing to manage contaminated land and reduce exposure?
Council is taking the following steps to manage land use issues:
- Council has developed a Contaminated Land Policy - Land Use Planning which provides information on the strategies adopted by Council to address contamination
- A Contaminated Land Register has been developed based on current and historic data regarding land use across the LGA
- Council officers are required to consider contamination when assessing development applications and planning proposals for land rezoning. These applications are evaluated against the National Environment Protection (Assessment of Site Contamination) Measure 1999 and NSW EPA Guidelines.
- Section 10.7(5) Planning Certificates, which detail the land status of a property in relation to contamination can be requested from Council, for a fee
Land Use and S10.7 Planning Certificates
The planning process provides an appropriate opportunity for Council to identify previous land uses and request relevant assessments for land where contamination is suspected. This system ensures that contamination risks are identified and managed when land use or development on a parcel of land changes. Information about a particular parcel of land is provided by Council through a Section 10.7 planning certificate under the Environmental Planning and Assessment Act 1979.
A Section 10.7(2) certificate shows the zoning of the property, its relevant state, regional and local planning controls and other property constraints such as level of flooding and bushfire prone land.
A Section 10.7(5) certificate provides the same information as above, but it also includes advice from other authorities and certain information Council holds on a property that is relevant to the land but is not disclosed in a Section 10.7(2) certificate. This includes information about contamination.
In cases where Council has made a determination regarding land use on a property, it will be recorded in the Contaminated Land Register. For a fee, Council will provide this information on a S10.7(5) planning certificate. Council categorises contamination determinations into several types, as listed below:
- Potentially Contaminated: Indicates that there is evidence of a potentially contaminating activity historically or, currently occurring on-site. This determination does not confirm contamination but suggests the potential for contamination, and soil testing is recommended.
- Contaminated – No Known Remediation: This determination applies to properties with known contamination with no evidence of remediation efforts.
- Contaminated – Restricted Use: This applies to properties with evidence of low-level contamination. Restrictions will apply for more sensitive land uses.
- Decontaminated: This determination indicates that the property has undergone full remediation. A validation report is available confirming that the contamination has been effectively addressed.
- Contaminated – Regulated by NSW EPA: These properties have significant, large-scale contamination that requires regulation by the New South Wales Environment Protection Authority (EPA).
- Remediated for Restricted Use: This applies to properties that were contaminated but have been remediated to an acceptable level for specific uses. Typically, these properties are suitable for commercial and industrial purposes but have restrictions on sensitive uses like day-care centres, schools, or housing.
Buying or Selling a Property on Potentially Contaminated Land
Here are some key points to consider:
- Disclosure Requirements: Sellers must disclose if the land is listed on the EPA Contaminated Land Record of Notices or Council’s Contaminated Land Register. This includes providing details of any site management plan, if applicable.
- Due Diligence: Buyers should conduct thorough pre-purchase enquiries, including checking contaminated sites databases, local government records, and consulting with environmental specialists if necessary.
- Legal Consequences: Failing to recognize contamination can lead to long-term consequences, including potential prosecution and the obligation to pay for remediation.
Documents