Contaminated Land Management Regulation 2008 (NSW)

1Name of Regulation

This Regulation is the Contaminated Land Management Regulation 2008.

2Commencement

This Regulation commences on 1 September 2008.

Note—

This Regulation replaces the Contaminated Land Management Regulation 1998 which is repealed on 1 September 2008 by section 10 (2) of the Subordinate Legislation Act 1989.

3Definition(1)

In this Regulation:

the Act means the Contaminated Land Management Act 1997.

(2)

Notes in this Regulation do not form part of this Regulation.

4Recovery of EPA’s administrative costs associated with orders(1)

For the purposes of section 34 (a), (b) and (c) of the Act, the rate of $60 per hour (or part of an hour) is prescribed in respect of preparing and serving, monitoring action under, and seeking compliance with, an order under Part 3 of the Act.

(2)

On service of an order under Part 3 of the Act, the EPA is to give the person on whom the order is served written notification of the rate prescribed by this clause.

5Accreditation fees(1)

For the purposes of section 50 (2) (c) of the Act, the prescribed application fee is $1,000.

(2)

For the purposes of sections 51 (5) and 52 (9) of the Act the prescribed accreditation fee is as follows:

• (a)

  if the accreditation period is 1 year or less—$7,000,

• (b)

  if the accreditation period is 2 years or less but more than 1 year—$14,000,

• (c)

  if the accreditation period is greater than 2 years—$21,000.

6Time for making renewal applications

For the purposes of section 52 (1) (c) of the Act, an application for renewal must be made not more than 60 days and not less than 30 days before expiry of the current accreditation period.

7Particulars to be included in annual returns

For the purposes of section 53D (3) of the Act, the prescribed particulars to be included in an annual return are the following particulars of each site audit as at the date of completion of the audit (or if the audit is not complete, as at the date of the annual return):

• (a)

  the location of the site (including Lot and DP numbers, street address, suburb and local government area),

• (b)

  the size of the site, its land zoning under the Environmental Planning and Assessment Act 1979 and (if a change in zoning is proposed) its proposed zoning,

• (c)

  the date when the auditor received the request,

• (d)

  the date of commencement of the audit,

• (e)

  the date or expected date of completion of the audit,

• (f)

  the use or uses of the site that have given rise to the contamination for which remedial action was carried out,

• (g)

  the current use to which the site is being put and any proposed uses,

• (h)

  the auditor’s opinion as to the suitability of the site for the current and proposed uses,

• (i)

  the name of the person who carried out the remedial work that was reviewed or is being reviewed by the auditor and the titles of the reports (if any) by that person that were or are being reviewed.

8, 9

(Repealed)

10Penalty notices

For the purposes of section 92A of the Act:

• (a)

  each offence arising under a provision specified in Column 1 of Schedule 1 is prescribed as a penalty notice offence, and

• (b)

  the prescribed penalty for such an offence is the amount specified in relation to the offence in Column 2 of Schedule 1 (in respect of an individual) or in Column 3 of Schedule 1 (in respect of a corporation).

10AGuidelines

For the purposes of paragraph (c) of the definition of minor amendment in section 105 (7) of the Act, each of the following is declared to be a minor amendment:

• (a)

  an amendment that is consequential on a legislative change,

• (b)

  an amendment of a machinery nature.

11Reasons for certain decisions

A statement of reasons requested as referred to in section 106 (1) of the Act must be provided to the person making the request within 30 days after the EPA receives the request.

12Saving

Any act, matter or thing that, immediately before the repeal of the Contaminated Land Management Regulation 1998, had effect under that Regulation continues to have effect under this Regulation.

Schedule 1Penalty notice offences

(Clause 10)

Column 1	Column 2	Column 3
Offence	Penalty—Individual	Penalty—Corporation
Offences under the Act
Section 10 (5)	$1,500	$5,000
Section 14 (6)	$1,500	$5,000
Section 28 (4)	$1,500	$5,000
Section 48 (1)	$750	—
Section 48 (2)	—	$1,500
Section 60 (1)	$750	$1,500
Section 60 (2)	$750	$1,500
Section 89 (1)	$500	$1,000