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New site contamination legislation
In November 2007, the South Australian Parliament passed the Environment Protection (Site Contamination) Amendment Act 2007. This legislation, which has been more than ten years in the making, assigns responsibility for site contamination, establishes a statutory audit system for South Australia and gives the Environment Protection Authority (EPA) powers to deal with site contamination.
Click through for further information and updates on the amendments to the Environment Protection Act 1993 and EPA's role in site contamination issues in South Australia.
What is site contamination?
Under the Environment Protection Act 1993 the site contamination
exists at a site if:
- chemical substances are present on or below the surface
of the site in concentrations above the background concentrations
(if any); and
- the chemical substances have, at least in part, come
to be present there as a result of an activity at the site
or elsewhere; and
- the presence of the chemical substances in those concentrations
has resulted in—
- actual or potential harm to the health or safety of
human beings that is not trivial, taking into account
current or proposed land uses; or
- actual or potential harm to water that is not trivial;
or
- other actual or potential environmental harm that is
not trivial, taking into account current or proposed land
uses.
Water is defined in the Environment Protection Act 1993 and includes
surface waters, groundwater, water introduced to an aquifer and
artificially created body of water or stream for public use or
enjoyment.
When should site contamination be considered?
Site contamination can be an issue of significant concern. If it
is not adequately recognised, considered and addressed there may be
a resulting risk to human health and the environment.
Site contamination may affect current or proposed site uses and
should be considered in the subdivision, development and redevelopment
of land; any change in the use of the land, eg commercial to residential,
or one form of commercial to another (eg service station to office);
where additions and alterations may be proposed to existing landforms,
structures and buildings, and the sale and purchase of land and
properties.
This page was last modified 23-06-2009
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