The
National Environment Protection (Assessment of Site Contamination) Measure 1999 (the NEPM) sets out a framework for assessment of contamination and the risk to human health and the environment, and the methods for managing contamination. The NEPM has effect as a State Policy in Tasmania under Section 12A of the
State Policies and Projects Act 1993.
Principle 5 of the NEPM states that [planning] authorities 'that consent to developments, or changes in land use, should ensure a site that is being considered for development or a change in land use, and that the authorities ought reasonably know if it has a history of use that is indicative of potential contamination, is suitable for its intended use.'
The
Land Use Planning and Approvals Act 1993 (LUPAA) requires, under Section 12B(4)(b) that Tasmanian Planning Policies must be consistent with relevant State Policies.
The EPA has assisted the State Planning Office to develop a C14.0 Potentially Contaminated Land Code ('the Code'); the purpose of the Code is to ensure that use or development of potentially contaminated land does not adversely impact on human health or the environment. The Code forms part of the State Planning Provisions but has no practical effect until a Local Provisions Schedule (LPS) is in effect for a Municipal area. The Code can be obtained from the State Planning Provisions document. See the Tasmanian Planning Commission website for information on completed LPS processes - Current assessments and hearings.
Where a Planning Authority is considering an application in relation to known or potentially contaminated land, the applicant may be required to
complete an assessment and/or
undertake remediation and/or management measures to demonstrate the site is suitable for its intended use. Note the following clarifications in relation to the Potentially Contaminated Land Code:
An environmental site assessment to satisfy P1 of the Development or Use Standards in the Code must be completed by a site contamination practitioner who is certified as defined in C14.3 of the Code. The certification scheme endorsed by the Director is explained at - Engaging a contaminated site assessment consultant.
Where the acceptable solution A1 of the Development or Use Standards in the Code is to be satisfied by certification by “a person approved by the Director for the purpose of this Code”, this is defined in the Code as meaning a Contaminated Land Auditor accredited under an interstate scheme. The register of approved auditors is available at Register of Contaminated Land Auditors. Information for Auditors who wish to apply to be placed on the Register is available at Information for Contaminated Land Auditors.
Where A1 of the Development or Use Standards in the Code is planned to be satisfied by certification by “the Director” please note that this would only occur in exceptional circumstances and contact with the Director would need to be made prior to commencement of assessment works.
Where an exemption from the Code is sought under C14.4.1(d) this would only be issued by the Director in exceptional circumstances. Contact should be made with one of the other parties specified in the Code as able to provide this exemption documentation.
- Where a site is being assessed in accordance with the Code and is found to be or is likely to be, a contaminated site under its current use (rather than its proposed use), including where contamination is identified outside the land boundaries of the site under assessment, this would need to be notified to the Director under s74B of EMPCA. See Notification of a Contaminated Site.