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
Frequently Asked Questions
What is a Contaminated Land Register?
The Register is a list of property details (address, lot and DP) and information pertaining to the potentially contaminating land use activities that are known to have occurred on that land. The Contaminated Land Register integrates into Council’s mapping database so that it becomes part of Council’s normal property and development assessment process.
Why has my property been listed on the Contaminated Land Register?
Council has adopted a policy to deal with land that may be impacted by potentially contaminating land uses. The policy provides a framework for land where potentially contaminating land use activities occurred, or where contamination is known to be present. This helps landholders, developers, purchasers and Council staff to deal with any possible risks associated with contamination on the land. Council has conducted an extensive search of historic and current land use information in order to obtain evidence of historic potentially contaminating activities across the LGA.
What are potentially contaminating land uses?
These are activities that are considered by Government agencies and Councils as having a higher risk of leaving contamination on the land, such as petrol stations, factories, sheep dips, workshops, chemical use, land filling, intensive agriculture/horticulture to name a few. Some contaminants may exist in the soil or water years and even decades after the activity stopped.
My land is listed on the Contaminated Land Register. Does that mean it is automatically classed as contaminated?
No. The risk of contamination is based upon the land use history. Some activities are known to leave contaminants in the soil or groundwater more than others and site investigations sometimes find no contamination. Listing the property on the register ensures that current and future owners or developers are aware of the risk of finding contamination and can plan for that.
I have been told that my property is listed on Contaminated Land Register, what do I have to do?
There is nothing that needs to be done right now if you are not building, developing or selling your land. The Contaminated Land Policy provides guidance on what happens when you lodge a Development Application (DA) or sell your land. You may decide to undertake further investigations into the potential for contamination before selling, or you may sell the land with the information being provided to potential purchasers. If you want to find out if your land is impacted by contamination, it is best to speak to a certified contamination consultant and undertake soil testing.
How many other properties have been identified?
Council treats this information as confidential and does not provide sensitive information about your property to other parties unless required for development or sale purposes, or when it is in the public interest – such as in cases where contamination occurs on public land or affects neighbouring properties. Historically, activities that left chemicals or other pollutants on land often occurred without appropriate controls or consideration of environmental impacts.
How much does it cost to test the soil on my land?
Contamination investigation methods are governed by state guidelines to ensure that the process is conducted correctly. Costs vary depending upon the size of the land, the local conditions and the extent of investigation. It is best to obtain quotes from several certified consultants to ensure you get the best price possible.
I want to sell my land which is listed on the Contaminated Land Register, do I need to do anything?
Potential purchasers will generally request a planning certificate from Council before buying a property. Planning certificates (issued by Council under section 10.7 of the Environmental Planning & Assessment Act 1979) may include information about the property being affected by a policy or that Council has other relevant information relating to the land, including the land use activities. You may decide to undertake further investigations into the potential for contamination before selling, or you may sell the land with the information being provided to potential purchasers on a 10.7(5) certificate.
I want to develop my land that is listed on the Contaminated Land Register, do I need to do anything?
Depending upon the information already available and the proposed development, Council may ask for a contamination site investigation before approving a development application to ensure that the site is suitable for the proposed use. The risk arises when the use of that land changes to a more sensitive land use. The risk is to future residents, visitors or workers, builders or maintenance workers needs to be assessed and dealt with prior to a development being approved.
An investigation has found contamination on my land. What happens now?
It depends upon what you are doing with your land, the level of contamination and recommendations made by the environmental consultant. Remediation may be required to ensure that the land is safe for the proposed use.
Can I remove the determination of ‘Potentially Contaminated’ from the property`s 10.7 (5) Planning Certificate?
Determinations on properties can be removed from the Planning Certificate if it can be shown that the potentially contaminating land use did not occur on that land, or soil testing proves no contamination present.
In the case of confirmed contaminated land, once this land is remediated and validated, restrictions (if any) on how the land may be used or developed in the future will depend on the recommendations of the validation report. The property determination on the 10.7(5) certificate will be updated to reflect this and not removed. For example, a determination may change from ‘Contaminated, No Known Remediation’ to ‘Remediated for Restricted Use’ or ‘Decontaminated’.
Where can I find someone to test my land?
Council requires that site investigations are conducted by a consultant, certified through two recognised schemes: Site Contamination Specialist (CEnvP SC) or Certified Professional Soil Scientist (CPSS CSAM). You can also refer to the NSW EPA website that has links to professional organisations and further advice about engaging a consultant. Remember to obtain more than one quote to ensure you are getting the best deal for your situation. Council also provided a list of 23 Environmental Consultants to each of the affected property owners. Owners may use, but are not limited to, companies on the list provided with the initial notification letter.