guideline contaminated land professionals em1200 (1)

Guideline

Contaminated land professionals

Page i • 140812 • EM1200 • Version 2 Department of Environment and Heritage Protection

Prepared by: Waste and Land Contamination Assessment, Department of Environment and Heritage Protection

© State of Queensland, 2014.

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Page ii • 140812 • EM1200 • Version 2 Department of Environment and Heritage Protection

Contents Purpose ......................................................................................................................................................................... 1

1 Contaminated land policy and legislative framework ............................................................................................ 1

1.1 Regulatory strategy ....................................................................................................................................... 2

1.2 Environmental Protection Act 1994 (EP Act) ................................................................................................ 2

1.2.1 Environmental harm and environmental values ....................................................................................... 2

1.2.2 Environmental duties ................................................................................................................................ 3

1.2.3 Contaminated land provisions .................................................................................................................. 4

1.2.4 Offences .................................................................................................................................................... 6

2 Roles and responsibilities ...................................................................................................................................... 8

2.1 Administering authority ................................................................................................................................. 8

2.1.1 Notification ................................................................................................................................................ 8

2.1.2 Assessment and approval of reports and site management plans ........................................................... 8

2.1.3 Compliance ............................................................................................................................................... 9

2.2 Contaminated land professionals ............................................................................................................... 10

2.2.1 Suitably qualified persons ....................................................................................................................... 10

2.2.2 Contaminated land auditors .................................................................................................................... 11

2.3 Local government ....................................................................................................................................... 12

2.3.1 Notification .............................................................................................................................................. 12

2.4 Landowner and occupier responsibilities .................................................................................................... 12

2.4.1 Notification .............................................................................................................................................. 12

2.4.2 Occupancy agreements .......................................................................................................................... 12

2.4.3 Sale of land ............................................................................................................................................. 13

3 Contaminated site management process ............................................................................................................ 13

3.1 Site assessment and remediation process ................................................................................................. 14

3.1.1 Preliminary site investigation .................................................................................................................. 15

3.1.2 Detailed site investigation ....................................................................................................................... 15

3.1.3 Health and environmental risk assessment and development of a remediation action plan .................. 16

3.1.4 Implementation of a remediation action plan and preparation of validation report ................................. 16

3.2 Site management plans (SMPs) ................................................................................................................. 16

4 Contaminated soil disposal.................................................................................................................................. 17

4.1 When a soil disposal permit is required ...................................................................................................... 17

4.2 Applying for a soil disposal permit .............................................................................................................. 18

4.3 Deciding an application for a soil disposal permit ....................................................................................... 18

4.3.1 Waste and resource management hierarchy .......................................................................................... 19

4.3.2 Soil treatment and the ASC NEPM 1999 (as amended in 2013) hierarchy of remediation options ....... 19

4.3.3 Soil separation ........................................................................................................................................ 19

References .................................................................................................................................................................. 21

Appendix 1 – Reporting requirements checklist ......................................................................................................... 24

Appendix 2 – Sample draft site management plan template ...................................................................................... 31

Page iii • 140812 • EM1200 • Version 2 Department of Environment and Heritage Protection

Acronyms list

ANZECC Australian and New Zealand Environment and Conservation Council

ASC NEPM National Environmental Protection (Assessment of Site Contamination) Measure 1999

CCME Canadian Council of Ministers of the Environment

CLR Contaminated Land Register

DoH Department of Heath

DQO Data Quality Objectives

EHP Department of Environment and Heritage Protection

EIL environmental investigation levels

EMR Environmental Management Register

EP Act Environmental Protection Act 1994

GED General Environmental Duty

HIL health investigation levels

HSL Health Screening Levels

IDAS Integrated Development Assessment System

LGA Local Government Area

NEPCA 1994 National Environment Protection Council Act 1994

PHC petroleum hydrocarbons

QWRRS Queensland Waste Reduction and Recycling Strategy 2010–2020

RAP Remediation Action Plan

RHU Radiation Health Unit, within Queensland Health

SAIC Soil Asbestos Investigation Criteria

SAQP Sampling and Analysis Quality Plan

SDP Soil Disposal Permit

SMP Site Management Plan

SQP Suitably Qualified Person

SP Act Sustainable Planning Act 2009

SP Regulation Sustainable Planning Regulation 2009

TPR Third Party Reviewer under the administrative system in place prior to the introduction of the Greentape amendments and auditor system in 2013.

UXO Un-exploded Ordinance

• 140812 • EM1200 • Version 2 Department of Environment and Heritage Protection

Purpose

The purpose of this guideline is to provide guidance to contaminated land professionals about how contaminated

land is managed and regulated under the Environmental Protection Act 1994 (EP Act) in Queensland. This

includes:

advice on demonstrating use of acceptable environmental standards to appropriately assess contaminated

land matters;

the administrative actions required for maintaining the Environmental Management Register (EMR) or

Contaminated Land Register (CLR); and

the obligations of relevant stakeholders for notifying the administering authority for when land is considered

contaminated and/or is causing environmental harm.

It will also assist contaminated land professionals to understand how contaminated land is managed when

considering development and/or a change in land use, as the same environmental standards apply for proposals

which may require assessment under other legislation such as compliance assessment under the Sustainable

Planning Act 2009 (SP Act) 1.

While this guideline has been prepared principally for use by contaminated land professionals, it is also useful for

other industry groups, planning authorities, developers, lenders, property insurers or valuers, property owners and

other members of the community to understand how contaminated land is managed and regulated in Queensland.

1 Contaminated land policy and legislative framework

Contaminated land includes land that has been contaminated by a hazardous contaminant (such as heavy metals,

asbestos, pesticides and/or hydrocarbons) which poses or may pose a risk to human health or the environment. In

some instances, land contamination is a historical problem that may have been the result of poor environmental

management, waste disposal practices or accidental spills while undertaking industrial or commercial activities.

These past activities may not have been known to be dangerous at the time, and may have involved chemicals

which have since been banned or are now subject to much stricter controls.

Contaminated land also includes land which has been subject to a number of activities that have been identified as

likely to cause land contamination. These are called notifiable activities and include some common land uses such

as service stations, cattle dips, tanneries, wood treatment sites, landfills, fuel storage and refuse tips. Those sites

where notifiable activities have been conducted are listed on the EMR so that the nature and extent of any actual or

potential contamination can be assessed if the land use is changed to a sensitive land use2. A site investigation

undertaken by a suitably qualified person (SQP) determines the extent of any contamination and what uses the site

may be suitable for. This site suitability is a consideration made under the SP Act in approving future permissible

uses.

One final category of at risk land is those sites identified as being subject to an Area Management Advice (AMA),

issued by the Department of Environment and Heritage Protection (EHP). There are currently 2 AMAs for sites in

Queensland which may be affected by un-exploded ordnance (UXO). UXO is ammunition such as artillery shells,

1 For further information on the assessment processes related to contaminated land under the SP Act refer to the ‘Guideline: managing

contaminated land under the Sustainable Planning Act 2009’ available on the Qld Government website at: www.qld.gov.au/environment/pollution/management/contaminated-land

2 Sensitive land use (as defined in the State Planning Policy 2013) means a use that is a child care centre, community care centre, community

residence, dual occupancy, dwelling house, educational establishment, health care services, hospital, multiple dwelling, relocatable home park, residential care facility, retirement facility, short-term accommodation, tourist park.


mortar bombs and grenades that have not detonated. In Queensland, most UXO is found on former training areas

and firing ranges used by Australian and Allied Defence Forces, particularly those used during World War II. UXO

may detonate if disturbed, causing a potential safety risk. Because of this risk, any person wanting to reconfigure or

make a material change of use on land for which an AMA applies requires a development assessment under the

SP Act. For the purposes of this guideline, UXO-affected land is not considered to be contaminated land or land

that has been used for a notifiable activity.

1.1 Regulatory strategy

EHP’s regulatory strategy outlines the long-term vision for how environmental and heritage matters will be

regulated in Queensland. The regulatory strategy will ensure EHP is responsive to the needs of government,

industry and the community without compromising the environment.

The regulatory strategy commits EHP to:

working collaboratively with industry and the community to develop standards to manage and protect the

environment and heritage places;

reducing red tape by streamlining the process of applying for approvals from the department, and imposing

approval conditions that focus on the outcomes the client must achieve;

increasing its monitoring of clients to check that they are complying with their obligations; and

taking strong enforcement action where necessary.

In this case, EHP recognises that contaminated land professionals play an important role in ensuring that land

contamination matters are adequately assessed and appropriately managed to ensure the environment and the

community are protected. As such, EHP has developed guidance material such as this guideline to inform

contaminated land professionals about their roles and responsibilities in the assessment and management of

contaminated land in Queensland.

1.2 Environmental Protection Act 1994 (EP Act)

The EP Act is the primary legislation applicable for assessing and managing environmental matters in Queensland,

including land contamination. The EP Act includes provisions in Chapter 7, Part 8 which enable the administering

authority to assess and make decisions on reports and plans regarding contaminated land. These decisions can

also be used to inform land use planning decisions under the SP Act.

Below are some of the key sections of the EP Act that all contaminated land professionals need to possess a clear

understanding of, in performing their role under this legislation.

1.2.1 Environmental harm and environmental values

A number of activities including conducting a notifiable activity may result in environmental harm being caused.

Environmental harm is any adverse effect, or potential adverse effect (whether temporary or permanent and of

whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance.

Environmental harm may be caused by an activity whether the harm is a direct or indirect result of the activity; or

whether the harm results from the activity alone or from the combined effects of the activity and other activities or

factors.

An environmental value is a quality or physical characteristic of the environment that is conducive to ecological

health or public amenity or safety. Specific values are identified and declared under environmental protection

policies, including values of waters, air and the acoustic environment. Examples of environmental harm are high

heavy metal concentrations affecting ecological health and sub-surface hydrocarbon vapours affecting public

safety.

The EP Act has three levels of environmental harm, environmental nuisance and material and serious

environmental harm. These are defined in s15, s16 and s17 of the EP Act respectively as:


s. 15 Environmental nuisance

Environmental nuisance is unreasonable interference or likely interference with an environmental value

caused by-

(a) aerosols, fumes, light, noise, odour, particles or smoke; or

(b) an unhealthy, offensive or unsightly condition because of contamination; or

(c) another way prescribed by regulation.

s. 16 Material environmental harm

(1) Material environmental harm is environmental harm (other than environmental nuisance)-

(a) that is not trivial or negligible in nature, extent or context; or

(b) that causes actual or potential loss or damage to property of an amount, or amounts

totalling, more than the threshold amount but less than the maximum amount; or

(c) that results in costs of more than the threshold amount but less than the maximum amount

being incurred in taking appropriate action to-

(i) prevent or minimise the harm; and

(ii) rehabilitate or restore the environment to its condition before the harm.

(2) In this section-

maximum amount means the threshold amount for serious environmental harm.

threshold amount means $5000 or, if a greater amount is prescribed by regulation, the greater

amount.

s. 17 Serious environmental harm

(1) Serious environmental harm is environmental harm (other than environmental nuisance)-

(a) that is irreversible, of a high impact or widespread; or

(b) caused to an area of high conservation value or special significance; or

(c) that causes actual or potential loss or damage to property or an amount of, or amounts

totalling, more than the threshold amount; or

(d) that results in costs or more than the threshold amount being incurred in taking appropriate

action to-

(i) prevent or minimise the harm; and

(ii) rehabilitate or restore the environment to its condition before the harm.

(2) In this section-

threshold amount means $50000 or, if a greater amount is prescribed by regulation, the greater

amount.

1.2.2 Environmental duties

In general, Chapter 7, Part 1 of the EP Act addresses this by imposing two main duties: the general environmental

duty (GED) and the duty to notify. Environmental harm and these duties are discussed overleaf.


1.2.2.1 General environmental duty (GED)

Section 319 of the EP Act provides that all persons have a GED. Essentially a duty of care, the GED applies to all

persons undertaking activities in Queensland or outside Queensland that may affect Queensland's environment.

This means that everyone is responsible for the actions they take that may affect the environment.

Under the GED, whenever a person carries out an activity (including a notifiable activity) that causes or is likely to

cause environmental harm, they must take all reasonable and practicable measures necessary to prevent or

minimise the harm. For example, hazardous contaminants must not be indiscriminately or negligently released onto

land or allowed to escape into groundwater. To determine what actions need to be taken to meet the GED a person

must consider the:

nature of the harm or potential harm;

sensitivity of the receiving environment;

current state of technical knowledge for the activity;

likelihood of successful application of different measures to prevent or minimise environmental harm that might

be taken; and

financial implications of the different measures as they would relate to the type of activity.

1.2.2.2 Duty to notify

Land contamination may cause or threaten serious or material environmental harm. Where such contamination is

the result of an event occurring during conduct of an activity, Chapter 7, Part 1, Division 2 of the EP Act establishes

a duty to notify such harm. The event may occur because of an act or omission on the part of a person carrying out

an activity or an activity associated with another activity. Examples would include petroleum spillage to

groundwater during a service station activity and unearthing buried asbestos wastes during an earthworks activity.

The harm may be actual or potential, such as it could be considered environmental harm if groundwater is

contaminated and it is reasonable that the contamination may move over time and a person is likely to used

affected groundwater in the future.

Obligations regarding the duty to notify may be established under s320B, s320C or s320D of the EP Act. The duty

to notify applies to a person who becomes aware of such an event described above. It includes employees, land

owners, land occupiers (i.e. those who work live or are in charge of the place) and persons who are engaged as

SQPs or contaminated land auditors. Who must be notified and the timeframes depend upon the status of the

person discovering the harm. For example, an employee or agent must initially notify their employer. As the intent

is to ensure the environment and human health is protected, there must be a reasonable defence for not notifying

the administering authority of environmental harm. The contaminated land provisions of the EP Act also contain

notification requirements. Satisfying the duty to notify under Chapter 7, Part 1, Division 2 of the EP Act does not

remove the requirement to notify under the contaminated land provisions of the Act.

If you require further information in relation to your duty to notify obligations, please refer to the Guideline: The duty

to notify of environmental harm (em467) available on EHP’s website www.ehp.qld.gov.au (search for ‘Guideline:

The duty to notify of environmental harm EM467’).

1.2.3 Contaminated land provisions

Chapter 7, Part 8 of the EP Act contains the provisions related specifically to contaminated land which are based

on a risk management approach that requires contaminated land to be assessed in relation to its land use. It

involves investigations to determine the risks of the contamination on proposed land use and activities and actions

such as remediation and/or implementation of control measures to ensure human health and the environment is

adequately protected (discussed further below).

The EP Act requires that a landowner, occupier and/or local government notify the administering authority if they

become aware that land is contaminated, to ensure all contaminated land is recorded on the public registers

discussed below. This allows a risk management approach to be taken when appropriate, for example, when a

http://www.ehp.qld.gov.au/


development is proposed that may pose a change in the risk to human health and/or the environment. The

contaminated land provisions also ensure that when ownership of the land changes, the new owners are made

aware of the land's status and their obligations in relation to managing the contamination on the site. The

management of contaminated land is generally considered as the responsibility of the current land owner.

It is the responsibility of the administering authority to decide if land investigated/managed/remediated should be

placed or removed from the registers and this decision is based on information provided on the contamination

status of the land.

1.2.3.1 Environmental management register (EMR)

The Environmental Management Register (EMR) provides information about whether a site is, or has been,

subjected to contamination by a hazardous contaminant or used for a notifiable activity. Its purpose is to inform the

landowner, any operator on the site, the relevant local government, prospective purchasers and land developers

that the land is or may be contaminated. If the land is listed due to presence of a hazardous contaminant, the EMR

listing will include details about the nature of the contamination. In cases where a site management plan is

approved for the land, the EMR will also include details about the outcomes of site investigations, in particular the

suitable land use(s) for the site and what measures must be in place to manage the contamination, as set out in an

approved site management plan (SMP). It is also a land use planning tool so certain types of land use proposals

are triggered for assessment to ensure the contamination on the site continues to pose no unacceptable risk to

human health and the environment.

Land placed on the EMR does not necessarily require remediation or a change in land use. The listing informs

relevant stakeholders that the land is considered contaminated, or potentially contaminated, and that they need to

do one or more of the following:

Undertake an investigation to determine whether contamination on the site poses a risk to human health and/or

the environment, having regard to the intended/actual use, including offsite contamination to neighbouring sites

and the environmental setting.

Identify whether a site management plan is required to implement measures to ensure the contamination is

being appropriately managed to allow the existing or intended land use and to prevent environmental harm.

Identify whether remediation is required in order for the land to be suitable for its current or intended future or to

prevent serious environmental harm to a person, animal or another part of the environment.

Even when sites are considered suitable for the intended use or have been remediated to allow a certain use, they

may still be listed on the EMR. For example, a service station site suitable for its commercial use, will be listed on

the EMR. This is because the EMR listing can be used to notify future landholders that the land is still contaminated

so they can determine whether a proposed new use will be affected by the contamination present on the site. Only

sites validated as no longer contaminated and considered suitable for any use will be removed from the EMR.

1.2.3.2 Contaminated land register (CLR)

The CLR is a register of sites for which a site investigation has demonstrated a level of contamination that is

causing or may cause serious environmental harm to persons or the environment and the administering authority

has decided that action needs to be taken to remediate the land in order to prevent the harm. This may include the

movement of sites already on the EMR onto the CLR, where it has been demonstrated that the contamination is

not being appropriately managed on the site.

Actions taken could include:

technical measures or physical barriers to prevent the migration of contaminants;

on-site remediation to reduce contaminant concentrations to levels suitable for the intended use; and/or

full removal of contaminants and off-site treatment to prevent serious or material environmental harm or public

health risks.


1.2.3.3 Contaminated land searches

As a first step any person who is proposing purchasing or developing land should conduct a search of the EMR

and CLR to see if the land is listed. This search is commonly conducted as part of ‘due diligence’ during land

conveyancing in Queensland. There is a relatively small administrative cost associated with this search.

Information regarding a search of the contaminated land register or environmental management register, or both, is

available at https://products.ehp.qld.gov.au/shopping/home.

1.2.3.4 Investigation of land on the EMR or CLR

Division 3 of the contaminated land provisions in the EP Act provides that investigations of land on the EMR or

CLR may be undertaken by a person either voluntarily (normally in relation to a proposal to change land use) or by

notice from the administering authority.

If land is on the EMR, the administering authority can only remove the land from the registers upon approval of a

submitted site investigation report and/or validation report showing that the land is no longer contaminated or

evidence is provided that the land was placed on the EMR by administrative error. The evidence provided must

demonstrate to the administering authority’s satisfaction that either:

no notifiable activity occurred on the site; or

the notifiable activity has ceased and the land has not been contaminated; or

the land has been remediated and is no longer contaminated.

Details regarding the technical requirements for the management of land on the EMR are provided in Section 3 of

this guideline.

1.2.3.5 Remediation of land

Division 4 of the contaminated land provisions of the EP Act provides that the remediation of land on the EMR or

CLR may be undertaken by a person either voluntarily (normally in relation to a proposal to change land use) or by

requirement of, or preparation by, the administering authority. Land is removed from the EMR after remediation

work is complete and a validation report has been submitted which sufficiently demonstrates to the administering

authority that the land is no longer contaminated.

Land can also be transferred from the CLR to the EMR where a validation report demonstrates to the administering

authority that remediation has reduced the contamination sufficiently, that the environmental and human health

risks from residual contamination can be managed under a site management plan (SMP) and that SMP has been

approved by the administering authority.

Details regarding the technical requirements for the remediation and validation of land on the EMR and CLR are

provided in Section 3 of this guideline.

1.2.3.6 Site management plans

Division 5 of the contaminated land provisions of the EP Act enable the preparation of SMPs for land on the EMR

as often it is not practicable to remove all contamination from a site. In such circumstances, the administering

authority can approve SMPs for land, which states how a site will be managed in order to prevent environmental

harm and/or risks to persons. Once approved, SMPs are recorded on the EMR and can be provided with any

related search of the register. SMPs may be prepared and submitted by a person voluntarily (normally in relation to

a proposal to change land use) or may be required or prepared by the administering authority.

Details regarding the technical requirements for SMPs are provided in Section 3 of this guideline and a sample

template is provided in Appendix 3.

1.2.4 Offences

The EP Act provides for a number of offences related to contaminated land as a deterrent from causing

environmental harm and for the efficient implementation of the legislation. Examples of the relevant offences are

discussed in the following sections. Note that under the Penalties and Sentences Act 1992, penalties for an offence

https://products.ehp.qld.gov.au/shopping/home


committed by a corporation are five times the corresponding penalty for an individual that are outlined below.

1.2.4.1 Contravention of a site management plan

As discussed above, sites on the EMR may be subject to an approved SMP. SMPs are approved when the

administering authority is satisfied the proposed management measures will adequately manage the risk of any

residual contamination and monitoring will validate the effectiveness of the management measures.

Conversely, not implementing an SMP, including undertaking the required monitoring, increases the risk to the

environment and/or public health. To ensure SMPs are implemented s434 of the EP Act makes it an offence to

contravene an SMP. The maximum penalty for wilfully contravening a SMP is $189,560.253 or two years

imprisonment.

1.2.4.2 False or misleading documents

The administering authority relies on the accuracy and veracity of reports submitted by clients, SQPs and auditors

when making environmental management decisions. It is an offence to submit a document to the administering

authority that contains information that is false or misleading in a particular matter.

The maximum penalty for supplying a document which is false or misleading is $189,560.253 or two years

imprisonment.

With regard to auditors performing a function under the EP Act, there is also a code of conduct and auditor

approval conditions that specify that an auditor's approval can be cancelled or suspended if it is determined that

false or misleading information has been provided by an auditor.

1.2.4.3 Environmental harm or nuisance

Environmental harm was defined in Part 1, section 2.1.1 of this guideline. Under the EP Act, the maximum penalty

for causing environmental harm ranges between $34,1154 (s440(2) unlawful environmental nuisance) up to

$474,185.255 or 5 years imprisonment (s437(1) wilful and unlawful serious environmental harm).

Other offences under the EP Act relating to environmental harm include:

s443, placing a contaminant where environmental harm or nuisance may be caused—maximum penalty

$18,785.256; and

s440ZG, unlawfully deposit a prescribed water contaminant in a water, roadside gutter or stormwater drainage

or another place where it could enter a water, roadside gutter or stormwater drainage—maximum penalty

$34,115 (if wilful $95,064.75)7.

1.2.4.4 Executive Officer Offence

Executive officers must ensure corporations comply with the EP Act. If a corporation commits an offence the EP

Act, each of the executive officers of the corporation also commits an offence, namely, the offence of failing to

ensure the corporation complies with this Act. The penalty for the contravention is that which applies for an

individual.

3 $189,560.25 as at 1 July 2014 - Refer to s. 5 of the Penalties and Sentences Act 1992 for the current value of a penalty unit.

4 $34,115 as at 1 July 2014 - Refer to s. 5 of the Penalties and Sentences Act 1992 for the current value of a penalty unit.



7 $34,115 (if wilful $95,064.75) as at 1 July 2014 - Refer to s. 5 of the Penalties and Sentences Act 1992 for the current value of a penalty unit.


2 Roles and responsibilities

Managing contaminated land involves all level of government, industry, landowners and the wider community. This

part of the guideline sets out the responsibilities of government, landowners and developers in the prevention,

identification and remediation of contaminated land.

2.1 Administering authority

The entity responsible for the administration and enforcement of the EP Act is the administering authority. While

the administration and enforcement of many parts of the EP Act have been devolved to local government under s.

514, the administering authority for Chapter 7, Part 8 of the EP Act is the chief executive of EHP. Despite being the

administering authority for contaminated land matters, EHP enters into agreements with other State Government

agencies with specific expertise. For example, currently under a standing arrangement between EHP and

Queensland Health, the Radiation Health Unit (RHU) provides advice to EHP for the assessment of land

contamination caused by radioactive substances.

EHP is not the administering authority for:

land use decisions under the SP Act about land potentially affected by UXO; or

compliance assessment for land use changes on land listed on the EMR or CLR under schedule 18 of the SP

Reg

For further information about these processes refer to the ‘Guideline: Managing contaminated land under the

Sustainable Planning Act 2009’ available at Queensland Government website www.qld.gov.au/environment/ (using

EM1302 as the search term).

2.1.1 Notification

As it is the administering authority's role to decide whether sites are listed on or removed from the register, after

being notified that land should be listed on the EMR or CLR, the administering authority is required to issue a

notice to the landowner. The notice will allow the landowner 22 business days to provide a submission as to why

the land should not be listed on the EMR or CLR. After the period for submissions has ended, the administering

authority will make a decision whether or not to list the land on the EMR or CLR. Where no submission is received,

the administering authority's decision will be based on the initial information provided to list the land.

Any submission by the landowner regarding notification for presence of a hazardous contaminant must include

evidence such as a site investigation report from a SQP that the land is not contaminated or has not been used for

a notifiable activity. Submissions concerning carrying out a notifiable activity must address the nature of past and

present activities carried out on the land.

2.1.2 Assessment and approval of reports and site management plans

Under the EP Act, a person can submit:

a site investigation report—a scientific assessment to determine if contaminants are present on a site and, if so,

whether the contaminants pose a risk to human health or the environment;

a validation report about remediation work undertaken on a contaminated site;

a SMP which outlines how hazardous contaminants will be managed so that they do not pose a risk to human

health or the environment.

The administering authority and/or an approved auditor under the EP Act is currently responsible for the

assessment of these documents. The SQP or applicant must ensure that enough information is provided to enable

the administering authority/approved auditor to assess the report or draft SMP against the prescribed criteria in s.

115C of the Environmental Protection Regulation 2008 (EP Reg).

This assessment generally includes ensuring that work has been carried out in accordance with the technical

http://www.qld.gov.au/environment/pollution/management/contaminated-land


requirements identified in this guideline. After assessing and accepting these documents the administering

authority may determine:

land can be removed from the EMR or CLR; or

land should be moved to or from the EMR and CLR; or

contaminated land can be adequately managed for a proposed land use; or

a site management plan is required; and/or

remediation is necessary.

Alternatively, the administering authority may determine that a document in the form submitted, is inadequate and:

refuse it;

request a new document; or

request additional information.

2.1.3 Compliance

As the administering authority, EHP is responsible for monitoring compliance with the contaminated land provisions

of the EP Act. In this role, EHP takes a cooperative approach to managing and monitoring risks to Queensland's

environment. Nevertheless, the community expects EHP, as Queensland's lead environmental agency, to assess

compliance in regard to contaminated land to ensure individuals are discharging their duties and responsibilities

appropriately.

EHP is committed to the proactive management and monitoring of risks to Queensland's environment through the

implementation of a regulatory strategy founded on a targeted and transparent approach to compliance supported

by a modern and strong enforcement capability. A copy of the regulatory strategy can be downloaded from EHP's

website at www.ehp.qld.gov.au.

Where non-compliance matters are encountered, a strong but measured and appropriate response is taken. EHP

has published Enforcement Guidelines which explain what enforcement action will be taken in any given situation

available at www.ehp.qld.gov.au (using ‘enforcement guidelines’ as the search term).

2.1.3.1 Compliance plans

EHP publishes annual compliance plans which are available from EHP's website at www.ehp.qld.gov.au. Under

these compliance plans EHP is able to implement compliance actions relevant to the management of contaminated

land. Such compliance actions may target:

quality of investigation and validation reports provided;

remediation outcomes achieved; and

implementation of SMPs.

2.1.3.2 Compliance notices

Under the EP Act, the administering authority can issue notices requiring:

site investigations where a preliminary investigation has shown that hazardous contaminants are present (in

accordance with s. 376);

land on the CLR to be remediated and a validation report to be submitted (in accordance with s. 391);

the preparation of a SMP where a site investigation has shown that contaminants present on land require

management to make the land suitable for the proposed use (in accordance with s. 405); and

landowners to manage contamination that has migrated off-site using other statutory tools under the EP Act.

Such notices are issued where there is serious or material environmental harm being caused or the potential for

http://www.ehp.qld.gov.au/management/planning-guidelines/policies/pdf/regulatory-strategy.pdf


http://www.ehp.qld.gov.au/management/planning-guidelines/enforcement.html


serious or material environmental harm to be caused by a site listed on the EMR/CLR.

2.2 Contaminated land professionals

The EP Act imposes professional requirements on persons carrying out regulatory functions relating to

contaminated land matters requiring a decision by the administering authority under the EP Act. This is in line with

the regulatory strategy of ensuring that those most qualified and experienced in contaminated land management

are involved in the assessment processes that inform contaminated land management.

Under s. 564 of the EP Act, a regulatory function is:

conducting a site investigation of a site listed on the EMR/CLR;

preparing a validation report; or

drafting a site management plan or amendment of a site management plan.

These regulatory functions are critical for managing contaminated land in Queensland and as such must be

conducted to a high standard to ensure the safety of the community and the environment while supporting the

sustainable development of land in Queensland. Assessment and remediation of contaminated land is conducted

through a site-specific approach and in accordance with relevant guidelines and standards.

2.2.1 Suitably qualified persons

2.2.1.1 Declaration of qualifications

S. 381, s. 395 and s. 410 of the EP Act require persons who perform regulatory functions to be suitably qualified

persons (SQPs). The assessment of contaminated land is a specialised professional area involving a number of

disciplines. SQPs must have a range of competencies and be able to recognise the need for supporting

professional advice beyond their expertise when assessing contamination and its effects on human health and the

environment.

Before performing a regulatory function under s. 564 of the EP Act, an SQP must be able to demonstrate that they

are suitably qualified to assess the proposed contaminated site. This is a self-assessment against the ‘Guideline:

Assessing a suitably qualified person’ (SQP guideline) available at Queensland Government website

www.qld.gov.au/environment/ (using the title of the guideline as the search term).

The SQP guideline contains information to assist contaminated land professionals in determining whether they are

a SQP for a particular land contamination matter and how a person can make a declaration in support of a positive

self-assessment as a SQP performing a regulatory function.

Persons submitting declarations under s. 566 of the EP Act must ascertain that they are able to act as a SQP in

accordance with this guideline before performing that regulatory function. Under s. 383 and s. 395 of the EP Act,

site investigations and validation reports must be accompanied by declarations from all the SQPs involved in

undertaking the regulatory function and the applicant (the person to whom all information about the investigation is

directed). Where the applicant and the SQP is the same person only one declaration is required.

There are specific criteria that need to be addressed in the declaration to provide assurance to the administering

authority that the SQP holds the relevant qualifications and experience necessary to act as an SQP for the

particular site. A sample template of a SQP declaration can be found in Appendix 1 of the SQP guideline.

2.2.1.2 Prescribed criteria

In order for a decision to be made on a submitted report or draft SMP, an SQP must ensure that it contains enough

supporting information to adequately address the prescribed criteria from s. 115C of the EP Reg. This allows for an

auditor and/or EHP to assess:

1. whether the report or plan provides evidence that the site is suitable for a stated use;

2. whether the site is contaminated in a way that is a risk to another part of the environment or human health;

http://www.qld.gov.au/environment/pollution/management/contaminated-land


3. if the report or plan provides evidence that the site is contaminated, the extent it is and the uses that may be

suitable;

4. if the plan sets out objectives to be achieved and maintained, the proposed objectives and methods are

appropriate;

5. if the plan sets out monitoring and reporting compliance measures for the site, the reporting and compliance

measures are appropriate.

As such the report or plan must at least include the following:

information about the reasons for its listing on the EMR/CLR;

a description of the surrounding area of the site that identifies any potential sensitive areas such as water,

wetlands, stormwater, environmentally sensitive areas;

description of all surface and subsurface infrastructure on the site, including details of the location, size and type

of the infrastructure;

details about any waste or product disposed of or stored on the site that may contain hazardous contaminants;

a description of land uses in the surrounding area, including sensitive land uses that may affect the safety of the

site or cause a risk to human health or another part of the environment;

a description of all activities carried out in the surrounding area that may affect the safety of the site or cause a

risk to human health or another part of the environment;

a description of the geology and hydrogeology of the site;

details of any environmentally relevant activities or notifiable activities on the site;

details of any earthworks carried out on the site;

details regarding any remediation to be carried out on the site.

2.2.2 Contaminated land auditors

In order to streamline the assessment and management of contaminated land matters, the administering authority

has introduced an approved auditor system to allow third party experts to be involved in the assessment and

regulation of certain environmental matters under the EP Act. Auditors approved under Chapter 12, part 3A,

division 2 of the EP Act for contaminated land matters can evaluate and certify site investigation reports, validation

reports and/or draft SMPs.

When auditing a report or SMP an approved auditor must submit an auditor report and declaration under s. 574C of

the EP Act with any reports submitted to the administering authority. The auditor report must specify that the

prescribed criteria (see section above) have been achieved and state clearly that the auditor is certifying the

submitted report and the land use suitability.

Auditors are also responsible for carrying out compliance assessment under schedule 18 of the SP Reg where an

applicant wishes to make a material change of use to a sensitive land use, or commercial use involving an

underground facility, on land listed on the EMR or CLR. Refer to the following two guidelines for further information

available at www.qld.gov.au/environment/ (using EM1301 or EM1302 as the search term).

1. ‘Managing contaminated land under the Sustainable Planning Act 2009’ (EM1302)

2. The prescribed ‘Contaminated land assessment guideline (version 1)’ (EM1301)

Many applicants may wish to engage an auditor early in the life of a project to increase the efficiency of the

auditor’s role and further streamline the assessment and approval of complex projects. It can also improve the

certainty that certification against the regulatory requirements will be achieved.

For further information about applying to become an auditor refer to the draft prescribed guideline ‘Contaminated

http://www.qld.gov.au/environment/

http://www.ehp.qld.gov.au/licences-permits/contaminated-land/documents/guideline-auditor.pdf


land auditors under Chapter 12, Part 3A’ available at www.qld.gov.au/environment/ (using the title as the search

term).

NOTE: The mandatory involvement of contaminated land auditors in contaminated land assessments under the EP Act is currently being considered by the administering authority. The decisions regarding this will be made in early 2015.

2.3 Local government

2.3.1 Notification

Local governments play a pivotal role in the identification of contaminated land. Under the EP Act, all local

governments in Queensland are required to notify the administering authority of land that is currently used for

notifiable activities within their local government area. This is to enable it to be included on the EMR. This

information is gathered by local governments through sources such as historical information, aerial photographs,

local knowledge and town planning records. Following advice from EHP that land has been included on the

EMR/CLR, the local government must maintain a record of this land for reference in land use planning application

processes and for decision making relating to development approvals.

The information provided to local government regarding the inclusion of land on the EMR/CLR is for internal use

only. Members of the public requiring information about land recorded on the EMR/CLR are required to complete a

public search (see section 1.2.3.3).

2.4 Landowner and occupier responsibilities

2.4.1 Notification

If the owner or occupier of land becomes aware that a notifiable activity is being carried out on the land or if the

land has been, or is being, contaminated by a hazardous contaminant, under s. 371 of the EP Act the owner or

occupier must notify the administering authority within 22 business days. Notification under s. 371 must be in the

approved form.

The maximum penalty for failing to give notification under s. 371 is $11,3858. If a landowner becomes aware that

contamination on their land is causing environmental harm, they must notify the administering authority

immediately.

Note: Any disposal of soil from the site is strictly prohibited without a soil disposal permit, which can only be

obtained once the land has been listed on the EMR (see section 4). Contaminated soil is not considered a

regulated waste under schedule 7 of the EP Reg and is therefore unable to be managed using a waste tracking

certificate.

2.4.2 Occupancy agreements

If land is recorded on the CLR and the owner of the land has entered into, or proposes to enter into, an agreement

with another person about occupancy of the land, under s. 420 of the EP Act, the owner must give written notice to

the other person regarding the land being recorded on the CLR.

The maximum penalty for not giving notice under s420 is $5,692.509. Further, if the owner does not give notice as

required under s. 420 of the EP Act, the person who has entered into the occupancy agreement may terminate the

agreement by written notice given to the owner within 10 days of becoming aware the land is recorded on the CLR.

8 $11, 385 as at 1 July 2014 - Refer to s. 5 of the Penalties and Sentences Act 1992 for the current value of a penalty unit.

9 $5, 692.50 as at 1 July 2014 - Refer to s. 5 of the Penalties and Sentences Act 1992 for the current value of a penalty unit.

http://www.ehp.qld.gov.au/licences-permits/contaminated-land/documents/guideline-auditor.pdf

http://www.qld.gov.au/environment/


2.4.3 Sale of land

Under s. 421 of the EP Act, anyone selling or otherwise disposing of land that is listed on the EMR/CLR is required

to give written notice of the land's EMR status to any potential buyer. This ensures that potential buyers of land are

aware of relevant past or present land use practices and any SMP before purchasing the property.

The maximum penalty for not giving notice under s421 of the EP Act is $5,692.5010

. Further, if the owner does not

give notice as required under s. 421 of the EP Act, the buyer may rescind the agreement by written notice given to

the owner. On rescission of the agreement, any money paid by the buyer to the person must be refunded.

3 Contaminated site management process

The assessment of contaminated land matters under the EP Act can be a staged process. Often it begins with an

investigation to determine if the site should be recorded on the EMR or CLR or to assess whether the identified

contamination poses a risk to the environment or human health based on the current/proposed land use. A general

process for assessment of site contamination in Schedule A of the National Environmental Protection (Assessment

of Site Contamination) Measure 1999 (ASC NEPM 1999) is helpful in assisting in the determination of the stage

required. It is discussed briefly below.

The ASC NEPM 1999 is the premier guidance document in Australia for the assessment of site contamination.11

It

was recently amended in 2013. The ASC NEPM 1999 (as amended in 2013) establishes a nationally consistent

approach to the assessment of site contamination to ensure sound environmental management practices by the

community, including regulators, site assessors, environmental auditors, landowners, developers and industry. In

doing so, it provides adequate regulation of human health and the environment where site contamination has

occurred, through development of an efficient and effective national approach to the assessment of site

contamination.12

In keeping with the National Environment Protection Council Act 1994, the administering authority has adopted the

ASC NEPM 1999 (as amended in 2013) for the assessment of contaminated land. This is a comprehensive

guidance document that outlines the risk assessment process for assessing a number of contaminated land

assessments. For assistance, a good starting point is Schedule A of the ASC NEPM 1999 (as amended in 2013)

which provides a summary of the general process for contaminated land assessment and Schedule B which

provide guidance on the possible ways of achieving the desired environmental outcome (Part 3 of the Measure) for

the assessment of site contamination. This includes the following guidance on:

investigation levels for soil and groundwater

site characterisation

laboratory analysis of potentially contaminated soils

site-specific health risk assessment methodology

ecological risk assessment

methodology to derive ecological investigation levels in contaminated soils

ecological investigation levels for Arsenic, Chromium (III), Copper, DDT, Lead, Naphthalene, Nickel and Zinc

framework for risk based assessment of groundwater contamination

10

$5, 692.50 as at 1 July 2014 - Refer to s. 5 of the Penalties and Sentences Act 1992 for the current value of a penalty unit.

11 Internet access 14 May 2012, www.ephc.gov.au/contam/pcdocs

12 Internet access 14 May 2012, www.ephc.gov.au/contam/pcdocs


derivation of health-based investigation levels

community engagement and risk communication

competencies and acceptance of environmental auditors and related professionals.

NOTE: The administering authority requires best practice is applied at the time of submission to the administering

authority and as such, the ASC NEPM 1999 (as amended in 2013) must be considered as a minimum in

undertaking any land contamination risk assessment to inform the finding/recommendations for any site

investigation report, validation report or site management plan submitted to the administering authority for a

decision. Not properly considering these documents when preparing contaminated land submissions may result in

either:

a) a refusal of the application; or

b) the requirement of another report; or

c) the requirement of a submission of additional information.

Other guidelines and reference material, for example, specific chemical toxicity assessments, may be used when

preparing reports for the management of contaminated land where such material augments or enhances the

information provided in the ASC NEPM 1999 (as amended in 2013).

Where Queensland waters including groundwater are affected by the contamination, the assessment must also be

guided by the Environmental Protection (Water) Policy 2009, which includes scheduled environmental values and

prescribed water quality objectives to protect these values for all Queensland waters. For some localities, more

specific environmental values and objectives are also prescribed under schedule 1 for particular waterway

catchments. To view these, refer to the EHP website at http://www.ehp.qld.gov.au/ (using ‘schedule 1 of EPP

water’ as the search term). Further information is contained in the Queensland Water Quality Guidelines available

at http://www.ehp.qld.gov.au/ (using ‘Queensland Water Quality Guidelines PDF’ as the search term).

3.1 Site assessment and remediation process

Contaminated site management is broadly classified into four (4) stages:

Stage 1 Preliminary site investigation

Stage 2 Detailed site investigation

Stage 3 Health and environmental risk assessment and development of RAP (if remediation required)

Stage 4 Implementation of RAP and preparation of validation report

The reports in the above stages may be prepared separately or combined in various ways, however each report

must be able to stand alone, containing sufficient information to be readily understood. Where relevant information

has been included in previous reports, a summary of the report should be included in the current report.

The following sections of this guideline discuss the reporting requirements for each stage. At each stage, the SQPs

must present their findings clearly in a sound and reasoned manner. Uncertainties in the investigation need to be

clearly identified. The basis for conclusions and recommendations must be included. Appendix 1 provides a

reporting checklist for reporting requirements to assist SQPs in the preparation of reports.

The most efficient use of resources during an investigation will be achieved by the development of data quality

objectives (DQOs). AS4482.1 & 2 and the ASC NEPM 1999 (as amended in 2013) - Schedule B(2) guideline on

site characterisation, data collection, sample design and reporting (or equivalent) must be used to assist with the

determination of the DQOs and the most appropriate sampling pattern and density of sampling for the particular

site under investigation. Reports provided will require any sampling and analysis to be completed in accordance

with a sampling and analysis quality plan (SAQP).




3.1.1 Preliminary site investigation

In some cases such as listing of land on the EMR for a notifiable activity, only a preliminary investigation may be

required. A preliminary site investigation report includes the following components:

all past and present potentially contaminating activities;

details of all potential contamination types;

discussion of the site condition;

preliminary assessment of the site contamination based on a basic sampling program to determine the

presence of contamination; and

an assessment of the need for further investigation.

An essential part of a preliminary site investigation is the preparation of a comprehensive site history to identify all

past and present potentially contaminating activities (including the potential for importation of contaminated fill).

Information obtained from the site history research should be used to assess the potential for contamination on the

site and determine the most appropriate locations for sampling.

A preliminary site investigation often informs the administering authority of the status of that land on the registers.

Submissions must incorporate investigation of the entire real property description area of the site and not be limited

to the area of the notifiable activity. Only where a detailed, accurate and reliable site history is available may the

investigation be confined to known areas of contamination risk.

3.1.2 Detailed site investigation

A detailed site investigation is required when the results of a preliminary site investigation indicate potential or

actual contamination is present and it is unclear the extent and/or degree of contamination. The detailed site

investigation should delineate the lateral and vertical extent of contamination and provide information about:

maximum, distribution and average concentrations of the various contaminants;

leachability and mobility of contaminants;

the presence of any phase-separated hydrocarbons;

potential for groundwater or stormwater contamination;

potential for volatile organic compound migration into indoor spaces or services;

potential for adverse impacts on air quality on-site (e.g. asbestos, contaminated dusts);

possibility of off-site migration through soil, surface water, groundwater or air dispersal; and

potential impacts on health of persons and the environment.

The decision on how to proceed in the second stage of an investigation will be determined by site history, soil

morphology and the need to sample the natural ground in cases where fill material is present. The extent of fill

across the site should be delineated and representative samples collected from each fill type.

Close sample spacing is required when delineating a known zone of contamination. Where a point source of

contamination is identified, the extent and depth of the contaminated area needs to be defined by sampling, using

the site history to guide the type and density of sampling.

Surface and groundwater should be sampled where present if analysis of contaminant pathways suggests they

may have been impacted by contaminants from the site. Some additional samples should be taken in areas not

expected to be contaminated in order to establish local background levels and infer groundwater flow directions.

Remediation will be required if the results of the detailed site investigation indicate that the site poses unacceptable

risks to human health or the environment.


3.1.3 Health and environmental risk assessment and development of a remediation action plan

The results from the site investigation should be used to determine the health and environmental risks in

accordance with the ASC NEPM 1999 (as amended in 2013) and any other standard considered relevant. When

the results of a contaminated site investigation and risk assessment indicate that some remediation is required

before the site would be suitable for the current or proposed land use, a RAP will be required which includes:

volumes of soil requiring remediation;

remediation goals that ensure the remediated site/s will be suitable for the proposed or current use and will pose

no unacceptable risk to human health or to the environment;

details of procedures and plans to be implemented to reduce risks to acceptable levels for the proposed site

use;

environmental safeguards required to complete the remediation in an environmentally acceptable manner; and

identification and proof of any necessary approvals and licences required by regulatory authorities were

acquired, including soil disposal permits (full details regarding soil disposal permits are provided in Part 4 of this

guideline.

The presence of separate phase hydrocarbons and/or landfill gas requires careful consideration in regard to health,

environmental, fire and explosive risks. The presence of separate phase hydrocarbons and/or landfill gas may

necessitate active management to reduce quantified, unacceptable environmental or human health risks.

It is not a statutory requirement for the administering authority to approve RAPs. The RAP could be used to

demonstrate that the identified contamination can be managed under a SMP as it will be removed/remediated on

the site or could inform the department in assessing a validation report that remediation has been successful.

3.1.4 Implementation of a remediation action plan and preparation of validation report

It is essential to validate that a site has been satisfactorily remediated according to the objectives identified in the

RAP. This is achieved by conducting a validation sampling program. Validation reports must document the

remediation works (including soil disposal locations and volumes, transport details, etc.) and statistically confirm

that the site has been remediated according to pre-determined remediation goals identified in the RAP. The extent

and density of sampling required will be established in accordance with the DQOs for the project.

3.2 Site management plans (SMPs)

SMPs are necessary to ensure the contamination present on the site is adequately managed to prevent

environmental harm that may be caused by the use or development of, or activities carried out on the land. In many

instances, contaminants may be present on site (e.g. in deep soils below the ground) but, for the existing or

proposed use, it may be more practical and present less environmental and/or health risk for the contaminants to

be safely managed on-site under specified conditions. These conditions would form the body of a SMP for how the

site must be managed.

In accordance with s. 402 of the EP Act, the minimum requirements that must be included in a SMP are:

a. a statement of the objectives to be achieved and maintained under the SMP;

b. a statement of how the objectives are to be achieved and maintained;

c. provision for the monitoring and reporting of compliance with the SMP.

When preparing a SMP it is imperative that the requirements of b. and c. above are measurable by the site

operator and able to be reported against. If critical requirements are not expressed in a measurable format, the

administering authority will refuse the SMP, require another SMP or require additional information. It is also

necessary that a SMP outline the means by which the site and monitoring records can be accessed by authorised

officers for compliance assessment purposes. This necessity is consistent with the requirement for a SMP to "make


provision for monitoring and reporting compliance with the plan" as outlined in s. 402(c) of the EP Act.

In practice, sites managed by the use of a SMP are issued with a suitability statement which details the acceptable

uses and activities of the land (relating to exposure to the contamination) and the land remains on the EMR.

In cases of low risk contamination, the SMP may be a simple one or two page document with minimal conditions

relating to excavation and removal of the soil with a supporting plan describing the contamination. In cases

involving more significant contamination, the SMP may have more complex conditions including requirements for

monitoring groundwater and details on the construction and maintenance of underground containment cells to

ensure the contamination remains contained over time.

Under s. 403(2) and s. 404(c) of the EP Act, any draft SMP (or any amended draft SMP) submitted for approval by

a person who is not the land owner must be accompanied with a signed statement of consent agreeing with the

draft SMP (or amended draft SMP) from the land owner. The draft SMP (or amended draft SMP) and statement of

consent must include the following details:

full site description covered by the SMP, i.e. real property description and address;

registered owner details. If the registered owner is a company the statement of consent must also include the

relationship of the person giving the consent to the company (e.g. Managing Director) and state that they are

authorised to give consent on behalf of the owner; and

the version of the draft SMP (amended draft SMP) under a version control system. The SMP should include

details of a version control system that can be used for future amended draft SMPs.

A sample SMP template, with example management, monitoring and reporting actions is included in Appendix 2.

A draft SMP must contain monitoring and reporting requirements for the life of the SMP to ensure it is

demonstrated the contamination is being safety managed on the site. If the administering authority conducts a

compliance assessment of a contaminated site with an approved SMP, the site owner/occupier will be required to

demonstrate the SMP has been complied with and the SMP is effective at managing the contamination on the site.

If the requirements set in a SMP need to be changed, the mechanism is an amendment to the SMP, approved by

the administering authority.

4 Contaminated soil disposal

The purpose of soil disposal permits is to ensure that contaminated soil is not illegally disposed of and to ensure

that the disposal of soil does not lead to the creation of new sites becoming contaminated. Under the EP Act, land

holders/occupiers are responsible for any contaminated soil generated as a result of activities conducted on the

property. Under s. 424 of the EP Act, contaminated soil must not be removed from sites listed on the EMR/CLR

without a soil disposal permit. If notification has not been received by EHP that the land may be contaminated and

the site is not yet recorded on the EMR or CLR soil must not be disposed of offsite. Contaminated soil is not

considered a regulated waste under schedule 7 of the EP Reg and is therefore unable to be managed using a

waste tracking certificate.

4.1 When a soil disposal permit is required

The administering authority is committed to minimising the quantities of material (including contaminated soil)

disposed to landfill. However, soil cannot always be remediated on site to achieve the goals contained in a RAP

due to the intractable nature of the contaminants and/or risk of environmental harm (including environmental

nuisance) being caused during remediation.

S. 424 of the EP Act requires that a soil disposal permit must be obtained from the administering authority before

removing contaminated soil from any land that is recorded on the EMR/CLR (either for off-site treatment or

disposal) or contaminated soil is brought into the State of Queensland. Soil disposal permits are issued for a

specified volume of soil and stipulate the place of disposal/treatment and any conditions relating to soil removal,

treatment and disposal. Soil disposal permits are granted when the risks associated with the transport of the


contaminated soil can be adequately managed.

A soil disposal permit is not required to move contaminated soil from one location to another contaminated location

on the same site listed on the EMR/CLR. Such movement of soil, however, must be undertaken:

with all measures necessary to:

o follow the GED; and

o ensure a previously uncontaminated area is not contaminated; and

in compliance with any SMP that has been approved for the site.

4.2 Applying for a soil disposal permit

An application for a soil disposal permit must include the following information:

a completed Part A - General details for all applicants form;

a completed Part B - Application for contaminated soil disposal permit form;

a copy of the certificate of title for the site from which the soil is to be removed;

a copy of the certificate of title for the receiving site (only if soil is not going to an approved landfill);

copies of all laboratory reports of soil analyses and leachate testing results (the nominal sampling frequency for

stockpiles that demonstrate what contaminants are present and at what concentrations they are present in

accordance with the NEPM or any alternative applicable standards. Details of leachability of the soil

contaminants must be supplied to demonstrate the soil meets relevant landfill criteria;

written acceptance of the soil from the owner of the disposal/treatment site, stipulating that the soil can legally

be received at the site and it is in compliance with any site specific conditions that may appear on, for example,

an environmental authority or development approval. It is an Environmentally Relevant Activity to treat

contaminated soil to render it non-hazardous or less hazardous.

plan showing location of sampling sites in relation to contamination source; and

a completed notification form (if site is not already listed on the EMR/CLR).

In situations where a relevant site investigation report has already been lodged with the administering authority, it is

not necessary to resupply the information provided the soil disposal permit application references the relevant

sections of the site investigation report.

4.3 Deciding an application for a soil disposal permit

When deciding whether to grant or refuse an application for a disposal permit, the administering authority must

consider the standard criteria in the EP Act. In particular, the administering authority considers the following as

critical information required in order to decide an application for a soil disposal permit:

the waste and resource management hierarchy (described in section 4.1 below) and waste reduction targets for

waste disposal to landfill under the Queensland Waste Reduction and Recycling Strategy 2010-2020 (the

Strategy);

the hierarchy of remediation options contained in the ASC NEPM 1999 (as amended);

submissions by the applicant which characterise the contaminants in the soil;

the character, resilience and values of the site receiving the soil and whether or not the receiving site is on the

EMR/CLR.

The administering authority can only approve the removal of contaminated soil to a site that is listed on the

EMR/CLR and to a licensed landfill that is authorised to accept the contaminated soil.

http://www.ehp.qld.gov.au/licences-permits/contaminated-land/application_forms.html

http://www.ehp.qld.gov.au/licences-permits/contaminated-land/application_forms.html


4.3.1 Waste and resource management hierarchy

The implementation of the Strategy's waste management hierarchy, as shown in Figure 1, is fundamental to the

management of contaminated sites. Not only would tier one of the Strategy require a reduction in the generation of

contaminated soil for current potentially contaminating activities (as outlined in Part 2 of this guideline), it also

requires that soil be treated and reused on site in preference to disposal which is the last option in the hierarchy.

Figure 1: Waste management hierarchy

4.3.2 Soil treatment and the ASC NEPM 1999 (as amended in 2013) hierarchy of remediation options

The Strategy's waste management hierarchy is also consistent with the hierarchy of remediation options contained

in the ASC NEPM 1999(as amended). Under the ASC NEPM 1999 (as amended in 2013), the following

preferences apply:

if practicable, on-site treatment of the contamination so that it is destroyed or the associated risk is reduced to

an acceptable level;

off-site treatment of excavated soil, so that the contamination is destroyed or the associated risk is reduced to

an acceptable level, after which soil is returned to the site.

If the above are not practicable then:

consolidation and isolation of the soil on site by containment with a properly designed barrier;

removal of contaminated material to an approved site or facility, followed, where necessary, be replacement

with appropriate material;

Or:

where the assessment indicates remediation would have no net environmental benefit or would have a net

adverse environmental effect, implementation of an appropriate alternative management strategy.

4.3.3 Soil separation

During a detailed site investigation, the full extent of contamination should be delineated before any excavation

commences. Best practice environmental management under the standard criteria requires the separation of highly

contaminated and leachable soils from less contaminated soils and uncontaminated soils. Separation will reduce

volumes requiring specific treatment and will significantly reduce the disposal and treatment costs associated with

highly contaminated soil.


Under no circumstances should contaminated and uncontaminated soils be combined in an effort to reduce

contaminant concentrations by dilution; this is not an acceptable remediation strategy.


References

1. ANZECC, 1999, Guidelines for the Assessment of On-Site Containment of Contaminated Soil, Australian

and New Zealand Environment and Conservation Council, Canberra.

http://www.ephc.gov.au/sites/default/files/ANZECC_GL__Assessment_and_Mgt_of_Contaminated_Sites_1

99201_Hist_0.pdf.

2. ANZECC & NHMRC, 1992, Australian and New Zealand Guidelines for the Assessment and Management

of Contaminated Sites, Australian and New Zealand Environment and Conservation Council and the

National Health and Medical Research Council, Canberra.

http://www.ephc.gov.au/sites/default/files/ANZECC_GL__Assessment_of_on_site_containment_contamina

ted_soil.pdf.

3. CCME, 2008, Canada-Wide Standard for petroleum hydrocarbons (PHC) in soil, Canadian Council of

Ministers of the Environment, Winnipeg.

http://www.ccme.ca/assets/pdf/phc_standard_1.0_e.pdf.

4. DoH and DEC, 2009, Guidelines for the Assessment, Remediation and Management of Asbestos-

Contaminated Sites in Western Australia, Environmental Health Directorate, Perth.

http://www.public.health.wa.gov.au/cproot/3763/2/Guidelines%20for%20Asbestos-

Contaminated%20Sites%20-%20May%202009.pdf.

5. Ecologically Sustainable Development Steering Committee, 1992, National Strategy for Ecologically

Sustainable Development, Department of Sustainability, Department of Sustainability, Environment, Water,

Population and Communities, Canberra.

http://www.environment.gov.au/about/esd/publications/strategy/index.html.

6. Edwards, J.W., Van Alphen, M and Langley, A, 1994, Identification and Assessment of Contaminated Land

– Improving Site History Appraisal. Contaminated Sites Monograph Series, No. 3, SA Health Commission,

Adelaide.

7. El Saadi, O and Langley, A, 1991, The Health Risks Assessment and Management of Contaminated Sites:

Workshop Proceedings of the National Workshop on the Health Risk Assessment and Management of

Contaminated Sites, SA Health Commission, Adelaide.

8. Friebel, E and Nadebaum, P, 2011, Health Screening Levels for Petroleum Hydrocarbons in Soil and

Groundwater, CRC CARE Technical Report no. 10, CRC for Contamination Assessment and Remediation

of the Environment, Adelaide, Australia.

9. Langley, A, Markey, B and Hill, H, 1996, The Health Risk Assessment and Management of Contaminated

Sites: Proceedings of the Third National Workshop on the Health Risk Assessment and Management of

Contaminated Sites. Contaminated Sites Monograph Series, No. 5, SA Health Commission, Adelaide.

10. Langley, A and Van Alphen, M, 1993, The Health Risk Assessment and Management of Contaminated

Sites: Proceedings of the Second National Workshop on the Health Risk Assessment and Management of

Contaminated Sites. Contaminated Sites Monograph Series No. 2, SA Health Commission, Adelaide.

11. NEPC, 1999a, National Environment Protection (Assessment of Site Contamination) Measure,

Environment Australia, Canberra.

12. NEPC, 1999b, National Environment Protection (Assessment of Site Contamination) Measure – Schedule

B(1) Guideline on the Investigation Levels for Soil and Groundwater, Environment Australia, Canberra.

13. NEPC, 1999c, National Environment Protection (Assessment of Site Contamination) Measure – Schedule

B(2) Guideline on Data Collection, Sample Design and Reporting, Environment Australia, Canberra.

http://www.ephc.gov.au/sites/default/files/ANZECC_GL__Assessment_and_Mgt_of_Contaminated_Sites_199201_Hist_0.pdf

http://www.ephc.gov.au/sites/default/files/ANZECC_GL__Assessment_and_Mgt_of_Contaminated_Sites_199201_Hist_0.pdf

http://www.ephc.gov.au/sites/default/files/ANZECC_GL__Assessment_of_on_site_containment_contaminated_soil.pdf

http://www.ephc.gov.au/sites/default/files/ANZECC_GL__Assessment_of_on_site_containment_contaminated_soil.pdf

http://www.ccme.ca/assets/pdf/phc_standard_1.0_e.pdf

http://www.ccme.ca/assets/pdf/phc_standard_1.0_e.pdf

http://www.public.health.wa.gov.au/cproot/3763/2/Guidelines%20for%20Asbestos-Contaminated%20Sites%20-%20May%202009.pdf

http://www.public.health.wa.gov.au/cproot/3763/2/Guidelines%20for%20Asbestos-Contaminated%20Sites%20-%20May%202009.pdf

http://www.environment.gov.au/about/esd/publications/strategy/index.html





14. NEPC, 1999d, National Environment Protection (Assessment of Site Contamination) Measure – Schedule

B(4) Guideline on Health Risk Assessment Methodology, Environment Australia, Canberra.

15. NEPC, 1999e, National Environment Protection (Assessment of Site Contamination) Measure – Schedule

B(5) Guideline on Ecological Risk Assessment, Environment Australia, Canberra.

16. NEPC, 1999f, National Environment Protection (Assessment of Site Contamination) Measure – Schedule

B(6) Guideline on Risk Based Assessment of Groundwater Contamination, Environment Australia,

Canberra.

17. NEPC, 1999g, National Environment Protection (Assessment of Site Contamination) Measure – Schedule

B(7A) Guideline on Health-Based Investigation Levels, Environment Australia, Canberra.

18. NEPC, 1999h, National Environment Protection (Assessment of Site Contamination) Measure – Schedule

B(7B) Guideline on Exposure Scenarios and Exposure Settings, Environment Australia, Canberra.

19. NEPC, 1999i, National Environment Protection (Assessment of Site Contamination) Measure – Schedule

B(8) Guideline on Community Consultation and Risk Communication, Environment Australia.

20. NEPC, 1999j, National Environment Protection (Assessment of Site Contamination) Measure – Schedule

B(9) Guideline on Protection of Health and the Environment During the Assessment of Site Contamination,


21. NEPC, 1999k, National Environment Protection (Assessment of Site Contamination) Measure – Schedule

B(10) Guideline on Competencies and Acceptance of Environmental Auditors and Related Professionals,


22. Olszowy, H, Torr, P and Imray, P, 1995, Trace Element Concentrations in Soils from Rural and Urban

Areas of Australia, Contaminated Sites Monograph Series No. 4, SA Health Commission, Adelaide.

23. Queensland Department of Environment and Heritage Protection 2009, Queensland Water Quality

Guidelines

www.ehp.qld.gov.au/water/pdf/water-quality-guidelines.pdf

24. Standards Australia, 1999, Australian Standard, Guide to the Sampling and Investigation of Potentially

Contaminated Soil – Part 2: Volatile Substances. AS 4482.2 – 1999, Standards Australia, Homebush.

25. Standards Australia, 2005, Australian Standard, Guide to the Investigation and sampling of of Sites with

Potentially Contaminated Soil Part 1: Non-volatile and Semi-volatile Compounds. AS 4482.1 – 2005,

Standards Australia, Homebush.

EHP publications

1. DERM, 2010a, Enforcement Guidelines, Department of Environment and Resource Management,

Brisbane.

2. DERM, 2010b, Operational Policy, Third Party Reviewer Terms of Reference, Department of Environment

and Resource Management, Brisbane.

3. DERM, 2011, Guideline - The Duty to Notify of Environmental Harm, Department of Environment and

Resource Management, Brisbane.

4. DEHP Factsheet 6: How to search the EMR and CLR, Department of Environment and Heritage

Protection, Brisbane.

5. DEHP Factsheet 7: Results of a search of the ERM and CLR, Department of Environment and Heritage

Protection, Brisbane.

6. DEHP Factsheet 2: Notifiable activities, Department of Environment and Heritage Protection, Brisbane.

7. DEHP Assessing qualified persons according to sections 381, 395 and 410 of the Environmental Protection

http://www.ehp.qld.gov.au/water/pdf/water-quality-guidelines.pdf

http://www.derm.qld.gov.au/environmental_management/pdf/enforcement-guidelines.pdf

http://www.derm.qld.gov.au/environmental_management/pdf/enforcement-guidelines.pdf

http://www.derm.qld.gov.au/environmental_management/planning_and_guidelines/environmental_legislation/pdf/gl-bi-duty-to-notify-environmental-harm-em467.pdf

http://www.derm.qld.gov.au/environmental_management/planning_and_guidelines/environmental_legislation/pdf/gl-bi-duty-to-notify-environmental-harm-em467.pdf


Act, Brisbane.

Legislation

1. Environmental Protection Act 1994

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/E/EnvProtA94.pdf

2. Environmental Protection Regulation 2008

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/E/EnvProtR08.pdf

3. Environmental Protection (Water) Policy 2009

https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/E/EnvProWateP09.pdf

4. Sustainable Planning Act 2009

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/S/SustPlanA09.pdf

5. Sustainable Planning Regulation 2009

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/S/SustPlanR09.pdf

6. Waste Reduction and Recycling Act 2011

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/W/WasteRedRecA11.pdf





https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/E/EnvProWateP09.pdf








Appendix 1 – Reporting requirements checklist

The following checklist13

has been adopted from that contained in the guidelines for consultants reporting on

contaminated sites developed by the NSW Office of Environment and Heritage. This checklist will assist in a

uniform approach to reporting on contaminated land and ensuring all environmental issues have been addressed

satisfactorily.

The following checklist should be used in conjunction with the objectives of each investigation stage.

Each report section in the checklist indicates if that section needs to be included in each of the types of report.

Inclusion or exclusion of the section is indicted by the following notations:

a checkmark () indicates that the corresponding heading or subject should be included; or

an ‘S’ indicates that a summary will be adequate if detailed information has been included in a previous

report and no changes have occurred in the interim; or

an ‘R’ indicates that readily available information should be included; or

an ‘N’ indicates the section should be included only if no further site investigation is contemplated; or

‘N/A’ indicates that the report heading or subject is not applicable and may be omitted.

Under each section, for example ‘executive summary’, a comprehensive list of headings and subjects that can be

included within that section in any of the reports is outlined below.

Report sections and information to be included

Preliminary site investigation

Detailed site investigation

Development of remediation action plan

Preparation of validation report

Executive summary

Background

Objectives of the investigation

Grounds for investigation

Scope of works

(Where appropriate) a summary of sampling results in tabulated format containing minimum, maximum, arithmetic mean and 95% upper-confidence limit on arithmetic mean for each analyte.

Summary of conclusions and recommendations.

Scope of work

A clear statement of the scope of work.

Site identification

Street number, street name and suburb

Lot number and registered plan number

Geographic co-ordinates related to a nearby cadastral corner of a State survey Control Marker (where the contamination is limited to a portion of a lot)

13 This material is reproduced with minor amendment with the permission of Department of Environment and Heritage, New South Wales.







Locality map

Current site plan with scale bar, showing north, lot on plan boundaries, local water drainage and other local environmentally significant features.

Site history (S) (S) (S)

Zoning—previous, present and proposed

Land use—previous, present and proposed

Summary of council rezoning, relevant development and building approvals records

Chronological list of site users, indicating information gaps and unoccupied periods

Review of aerial photographs

Site photographs (with date and location indicated on site maps)

Inventory of chemicals and wastes associated with site use and their on-site storage location

Possible contaminant sources and potential off-site effects

Site layout plans showing present and past industrial processes

Sewer and service plans

Description of manufacturing processes

Details and locations of current and former underground and above ground storage tanks

Product spill and loss history

Discharges to land, water and air

Disposal locations

Filling history (where applicable)

Relevant complaint history

Local site knowledge of residents and staff—both present and former

Summary of local literature about the site, including newspaper articles

Details of building and related permits, licences, approvals and trade waste agreements

Historical use of adjacent land

Local usage of ground/surface waters, and location of bores/pumps.

Site condition and surrounding environment

(S) (S) (S)

Integrity assessment (assessment of the accuracy of information)

Topography

Description of the surrounding natural and built environment

Conditions at site boundary such as type and condition of fencing, soil stability and erosion

Extent and nature of contamination, including any potential or actual migration off-site

Visible signs of contamination such as discolouration or staining of soil, bare soil patches—both on-site and off-site adjacent to site boundary

Visible signs of plant stress

Presence of drums, wastes and fill material







Odours

Condition of buildings and roads

Proximity to surface waters and wetlands

Quality of surface water

Environmental values of surface water

Water quality objectives for surface water relevant to contamination

Flood potential

Stormwater drainage and potential for stormwater contamination

Details of any relevant local sensitive environment—e.g. rivers, lakes, creeks, wetlands, local habitat areas, endangered flora and fauna.

Geology and hydrogeology R (S) (S)

Soil stratigraphy using recognised classification methods, e.g. AS1726, Unified Soil Classification Table

Location and extent of imported and locally derived fill

Site borehole logs or test pit logs showing stratigraphy

Detailed description of the location, design and construction of on-site wells

Description and location of springs and wells in the vicinity

Depth to groundwater table

Direction and rate of groundwater flow

Details of any separate phase organic chemicals

Direction of surface water runoff

Background water quality

Environmental values of ground water

Water quality objectives for groundwater relevant to contamination

Preferential pathways for migration of contaminants

Summary of local meteorology.

Sampling and analysis plan and sampling methodology

R N/A

Sampling, analysis and data quality objectives (DQOs)

Rationale for the selection of:

Sampling pattern

Sampling density including an estimated size of the residual hot spots that may remain undetected

Sampling locations including locations shown on a site map

Sampling depths

Samples for analysis and samples not analysed

Analytical methods

Analytes for samples.







Detailed description of sampling methods including:

Sample containers and type of seal used

Sampling devices and equipment e.g. auger type

Equipment contamination procedures

Sampling handling procedures

Sample preservation methods and recognised protocols, e.g. APHA or US EPA SW 846

Detailed description of field screening protocols.

Field quality assurance and quality control (QA/QC)

(N) N/A (N)

Details of sampling team

Decontamination procedures carried out between sampling events

Logs for each sample collected—including time, location, initials or sampler, duplicate locations, duplicated type, chemical analyses to be performed, site observations and weather conditions

The presentation of contamination data and analytical results should be presented as required by the ASC NEPM 1999. This should include but not be limited to:

o Chain of custody fully identifying—for each sample, the sampler, nature of the sample, collection date, analyses to be performed, sample preservation method, departure time from the site and dispatched courier(s)

o Compliance with the Queensland Monitoring and Sampling Manual for Queensland Environmental Protection (water) Policy 2009

o Sample splitting techniques

o Statement of duplicate frequency

o Field blank results

o Background sample results

o Rinsate sample results

o Laboratory-prepared trip spike results for volatile analytes

o Trip blank results

o Field instrument calibrations (when used).

Laboratory QA/AC (N) N/A

A copy of signed chain of custody forms acknowledging receipt date and time and identity of samples included in shipments

Record of holding times and a comparison with method specifications

Analytical methods used

Laboratory accreditation for analytical methods used

Laboratory performance in inter-laboratory trail for the analytical methods used, where available

Description of surrogates and spikes used

Percent recoveries of spikes and surrogates

Instrument detection limit

Matrix of practical quantification limits







Standard solution results

Reference sample results

Reference check sample results

Daily check sample results

Laboratory duplicate results

Laboratory blank results

Laboratory standard charts.

QA/QC data evaluation (N) N/A

Evaluation of all QA/QC information listed above against the stated DQOs including a discussion of:

Documentation completeness

Data completeness

Data comparability (see next point)

Data representativeness

Precision and accuracy for both sampling and analysis for each analyte in each environmental matrix informing data users of the reliability, unreliability or qualitative value of the data.

Data comparability checks, which should include e.g. bias assessment, which may arise from various sources, including:

Collection and analysis of samples by different personnel

Use of different methodologies

Collection and analysis by the same personnel using the same methods but at different times

Spatial and temporal changes (because of the environmental dynamics).

Relative percent differences for intra- and inter-laboratory duplicates.

Basis for assessment criteria

Table listing all selected assessment criteria and references

Rationale for and appropriateness of the selection of criteria

Assumptions and limitations of criteria.

Results

Summary of previous results, if appropriate

Summary of all results, in a table that:

Shows all essential details such as sample numbers and sampling depth

Shows assessment criteria

Highlights all results exceeding the assessment criteria

Site plan showing all sample locations, sample identification numbers and sampling depths

Site plan showing the extent of soil and groundwater contamination exceeding selected assessment criteria for each sampling depth.

Risk assessment







Assessment of type of all environmental contamination, particularly soil and groundwater

Assessment of extent of soil and groundwater contamination, including off-site effects

Assessment of the chemical degradation products

Assessment of possible exposure routes and exposed populations (human, ecological).

Remediation action plan N/A N/A (S)

Remediation goal

Discussion of the extent of remediation work required

Discussion of possible remediation options and how risk can be reduced

Rationale for the selection of recommended remedial option

Proposed testing to validate the site after remediation

Contingency plan if the selected remedial strategy fails

Site preparation plan (before remediation) including, e.g. fencing, erection of warning signs, stormwater diversion

RAP (operation phase):

Site stormwater management plan

Soil management plan

Noise control plan

Dust control plan, including wheel wash (where applicable)

Odour control plan

Occupational health and safety plan.

Remediation schedule

Hours of operation

Contingency plans to respond to site incidents, to obviate potential effects on surrounding environment and community

Identification of regulatory compliance requirements such as licences and approvals

Names and phone numbers of appropriate personnel to contact during remediation

Community relations plans, where applicable

Staged progress reporting, where appropriate

Long-term Site Management Plan (where required).

Validation N/A N/A N/A

Rationale and justification for the validation strategy including:

Clean-up criteria and statistically based decision-making methodology

Validation sampling and analysis plan

Details of a statistical analysis of validation results and evaluation against the clean-up criteria

Verification of compliance with regulatory requirements.

Ongoing site monitoring N/A N/A N/A







Ongoing site monitoring requirements (if any), including monitoring parameters and frequency

Results of monitoring analyses including all relevant QA/QC reporting requirements stated above

Ongoing site/equipment maintenance, e.g. containment cap integrity

Details of party(ies) responsible for maintenance and monitoring program.

Conclusions and recommendations

Brief summary of all findings

Assumptions used in reaching the conclusions

Extent of uncertainties in the results

Where remedial action has been taken, a list summarising the activities and physical changes to the site

A clear statement that the SQP considers the subject site to be suitable for the proposed use (where applicable) with a draft Site Management Plan included

A statement detailing all limitations and constraints on the use of the site (where applicable)

Recommendation for further work, if appropriate.


Appendix 2 – Sample draft site management plan template

Draft site management plan

Real property description: [INSERT LOT AND PLAN DETAILS]

Address: [INSERT ADDRESS OF SITE]

Version: [INSERT VERSION NUMBER UNDER A VERSION CONTROL SYSTEM]

Date of effect: [INSERT DATE OF EFFECT]

Each of the below must be considered in development of the Draft SMP and determined if applicable.

1.0 Summary of contamination

Include a brief summary of the site including its history of use and contamination.

Example summary:

The site was part of XXX and historical site photographs with anecdotal evidence shows it to have been vacant since the deed of grant and only being used for various recreational purposes. The western part of the site appears to have been filled between 1960 and 1980. The site is currently vacant and laid to grass. The potentially contaminated part of the site covers an area of approximately 2,550 m2 and covers part of a single lot described as Lot XXX on XXX. The site layout and area to be managed is shown on the attached Figure 1.

Investigations have identified metal contaminated fill present at the site (cadmium, copper, lead, zinc and mercury). The contaminated fill generally covers the western and southern part of the site and extends to a maximum depth of approximately seven metres below ground level at the high point of the site.

The following maximum levels of contaminants identified on the site were:

Analyte Maximum concentration (mg/kg)

Cadmium 54

Copper 620

Lead 2,220

Zinc 2,800

Mercury 61

2.0 Objectives of the site management plan (SMP)

Include a high level objective that will be achieved when the actions stated in sections 3.0 and 4.0 below are undertaken.

Example objective:

The objectives to be achieved under this site management plan (SMP) are to manage the contamination during site redevelopment in a manner which protects human health and the environment, including achieving the soil clean up criteria in the attached Remediation Action Plan (RAP).


3.0 Management actions

Include details of actions to be taken to ensure the objectives in 2.0 above are being achieved. It is imperative that

any actions critical to the management of the contamination under this section are specific, measurable and able to

be reported against.

The following are example management actions (note: these are only examples and not necessarily a complete list

of actions that could or should be taken in particular situations).

3.1 Site use (mandatory)

Example site use entry:

As of [INSERT DATE] the site is currently vacant ground. The site is suitable for commercial/industrial uses including premises such as shops and offices as well as factories and industrial sites. The site will not be used for purposes other than commercial/industrial.

3.2 Responsibility (mandatory)

Example responsibility entry:

To ensure that the SMP’s objectives are achieved and maintained, the owner of the Site is required to ensure that this SMP and included Remediation Action Plan are complied with. The obligations and conditions attach to the land and are binding on the current owner and their successors in title.

The site owner must provide all persons on site that carry out actions may impact on the hazardous contaminants or environmental impacts of the contaminants with a copy of the SMP/ RAP prior to the commencement of such actions. All persons occupying or working on the Site or dealing with contaminants removed or released from the site must comply with the requirements of the SMP and RAP.

3.3 Site capping

Example site capping entry:

Until remediation works commence, an uncontaminated compacted clay capping layer of [insert stated standard] consisting of the existing surface cover or equivalent cover (including grass cover) will be maintained over the entire site as a barrier between the contamination and site users. The capping layer will be maintained in sound condition at all times to minimise infiltration into the contaminated material.

3.4 Service trenches

Example service trenches entry:

All underground services will be constructed in either uncontaminated material or in trenches in which the services are surrounded by a minimum of [INSERT NUMBER] m of uncontaminated fill for minor services (<100 mm in diameter) and [INSERT NUMBER] m of uncontaminated fill for services greater than 100 mm in diameter.

3.5 Soil excavation and removal

Example soil excavation and removal entry:

If during any site earthworks or excavation, offensive or noxious odours and/or evidence of contamination not previously detected is observed, site works will cease in that area and action will be taken to immediately abate the potential for environmental harm.


Site works will not recommence until approval to recommence is received from the administering authority.

Any identified contaminated soil will be excavated in accordance with the attached Remediation Action Plan which forms part of this site management plan.

Removal and disposal of contaminated soil will only be undertaken after approval is granted by the Administering Authority in accordance with s424 of the EP Act.

4.0 Monitoring and reporting actions (mandatory)

Include details of monitoring and reporting to be undertaken to confirm the objectives in 2.0 above are being

achieved. It is imperative that any actions critical to the management of the contamination under this section are

measurable and able to be reported against.

A site management plan must make provision for monitoring and reporting compliance with the plan. Consider how

to effectively incorporate performance monitoring requirements into the plan.

The following are example monitoring and reporting actions (note: these are only examples and not necessarily a

complete list of actions that could or should be taken in particular circumstances). In most circumstances EHP will

not approve a SMP if the means by which authorised persons may access the site and monitoring records for

compliance purposes is not clearly laid out.

4.1 Soil monitoring

Example soil monitoring entry:

Prior to excavation works on site (including areas not already known to be contaminated), soil will be assessed for the contaminants of concern (refer to section 1.0 above) to determine if the proposed excavation material is contaminated.

4.2 Groundwater monitoring

Example groundwater monitoring entry:

Ground water samples will be taken from monitoring well/s [INSERT DETAILS OF WELL/S] not less than [INSERT REGULARITY] from the effective date of this SMP and analysed for total concentrations of cadmium, copper, lead, zinc and mercury. Gauging of groundwater levels (metres AHD), and monitoring of conductivity, pH, dissolved oxygen and common anions and cations will also be undertaken during groundwater monitoring.

4.3 Site excavations

Example site excavations entry:

Records will be kept of all soil excavation on site including details of relevant disposal permits.

Emissions of dust during all soil excavation will be minimised by [insert stated measures].

Release of contaminated stormwater runoff and sediment to any waters or stormwater drains will be prevented. The following management measures will be undertaken [insert stormwater management measures].

4.3 Site inspections

Example site inspections entry:

A biennial inspection will be undertaken to ensure that capping and protective barriers remain in sound condition in accordance with 3.2. The biennial period will commence from the effective date of this SMP.


4.3 Notification

Example notification entry:

The administering authority will be notified in writing within two business days of detection of any previously undetected contamination and advised of proposed remedial action.

4.4 Administering authority access

Example administering authority access entry:

Authorised persons under the EP Act will be permitted access to non-residential areas of the site to collect environmental samples and assess compliance with this SMP.

4.5 Monitoring records

Any monitoring results and records of inspections in relation to this SMP will be kept for at least seven years and made available to the administering authority upon request within 24 hours.

4.6 Version control system

Include details of any version control system to be used for amendments to this draft SMP.

guideline contaminated land professionals em1200 (1)

Documents

environmental protection

contaminated land policy

contaminated land provisions

department of environment

land contamination assessment

licence terms

environmental harm

environmental values