Frequently asked questions
When will the new legislation come into
operation?
The changes to the Environment Protection Act, 1993 relating
to site contamination will come into operation on a day to be
fixed by proclamation. Some selected definitions and the requirements
for truth in reporting came into effect on 10 December 2007. It
is anticipated that provisions relating to the accreditation of
auditors will come into effect in mid-2008, with the remaining
provisions coming into operation in 2009. This lead time is required
to allow the EPA to establish the regulations, guidelines, systems
and processes to support the legislation.
How can I find and engage an auditor?
Until the site contamination audit system comes into operation,
anticipated to be in 2009, the EPA continues to endorse and recommend
the use of independent Environmental Auditors (Contaminated Land),
appointed by the Victorian EPA, to assess and provide an expert
opinion on the suitability of sites for their intended use where
a 'sensitive land use' is proposed and where a potentially contaminating
activity is known or is suspected to have occurred. A 'sensitive
land use', in relation to site contamination, means one involving
a residential use, a preschool (including child care centre) or
a primary school.
Planning SA supports the use of Auditors in the Planning Advisory
Notice 20/02 - Site Contamination (December 2001). A list of Environmental
Auditors (Contaminated Land), currently appointed by the Victorian
EPA, can be viewed from the Victorian
EPA website.
For further details, click through to the EPA
Environmental Auditors page.
How can I find and select a consultant?
Environmental site assessment is a complex and specialised professional
area involving a range of disciplines. Site contamination consultants
undertake site contamination assessments and should investigate
both human health and environmental issues. They are therefore
required to possess a wide range of skills and knowledge.
Selecting a consultant should be undertaken with care, as the
quality and results of the assessment undertaken is dependent
on the competency of the consultant. Selection should be similar
to the process used when acquiring any professional service.
The EPA recommends all of the following to assist in finding
an appropriately experienced consultant:
- contact a company that employs an Environmental Auditor (Contaminated
Land) appointed by the Victorian EPA. For contact details of
these companies, refer to the list of Environmental Auditors
(Contaminated Land) available on the Victorian
EPA website.
- contact the South Australian branch of the Australian Contaminated
Land Consultants Association (ACLCA) for a list of current members
on 0421 708 757 or visit their website.
- seek advice from a trusted person who has previously engaged
an environmental consultant who demonstrated acceptable standards
of competency and completed similar projects successfully.
For further details, click through to the EPA
Site Contamination Consultants page.
How are auditors different from consultants?
There is a clear distinction between the roles of an auditor
and a consultant:
- The integrity of the audit system depends on the independence
and integrity of the auditor. Currently in South Australia,
the EPA endorses and recommends the use of persons appointed
by the Victorian EPA as Environmental
Auditors (Contaminated Land) to:
- undertake independent reviews of the assessment and
remediation of sites generally undertaken by environmental
consultants and
- to assess the suitability of a site proposed for a
'sensitive land use'.
- A consultant is engaged to
assess site contamination for a variety of reasons. Engagement
of a consultant is undertaken in accordance with the Terms and
Conditions of that company or, in some cases, to complete an
agreed scope of works. The outcome of the engagement of an consultant
is the completion of the scope of work, or an agreed amended
scope of work, and the issue of a report to the client.
I'm looking for information on a property
- what information does the EPA provide?
In relation to site contamination, the EPA answers questions
relating to 'Particulars Relating to Environment Protection' set
out in Regulations under the Land and Business (Sale and Conveyancing)
Act 1994 which identify whether the EPA holds a copy of a
report on any environmental assessment of the land or part of
the land:
- by or on behalf of the owner or occupier pursuant to certain
sections of the Environment Protection Act 1993, or for the
purposes of a notification under Section 83 or
- by the EPA (alone or jointly with another authority) or
- by an Auditor.
In addition, the EPA has to answer questions in relation to the
historical operation of waste depots, the production of certain
wastes and the deposition of waste on land in relation to approvals
or authorisations under specific former legislation and certain
EPA authorisations.
This information is provided in the form of a Section 7 EPA response
letter.
Any person can make an enquiry - called a Section 7 direct enquiry
- to the EPA on payment of a fee. The EPA will then provide information
about the issues described above where this information is retained
by the EPA.
To make an enquiry contact the EPA Senior Administration officer
- Section 7 on (08) 8204 2179. For further information,
see the EPA "Information
Sheet: Section 7, Land and Business (Sale and Conveyancing) Act
1994 and the role of the EPA" (86KB PDF).
In addition, the EPA provides information relating to the identification
of potential or actual serious or material environmental harm
which has been recorded on the Public Register. For further information,
click through to the EPA Site Contamination
Information webpage.
What is a 'sensitive use'?
A 'sensitive land use', in relation to site contamination, means
one involving a residential use (including all forms of residential
use such as medium and high density developments and retirement
villages), a preschool (including a childcare centre) or a primary
school.
What should be done about underground storage
tanks?
Underground storage tanks (UST) or systems (USS) are a major
source of soil and groundwater contamination. The EPA recommends
the removal of all USS that are no longer being used for the originally
intended purpose (i.e. storage of petroleum products or other
hazardous materials).
A suitably qualified and experienced site contamination consultant
should be engaged to assess the site to determine whether there
has been any impact to soil or groundwater. An independent auditor
may also be required to review the work completed by the consultant
and ensure the site is suitable for its intended use, depending
on the land use proposed and the nature and extent of site contamination
issues.
For further details, including information on appropriate guidelines
and the development of a South Australian code of practice, click
through to the EPA Underground Storage Systems
webpage.
I'm looking for information on recommended
remediation practices.
Poorly managed remediation has the potential to result in adverse
impacts to human health, property and the environment.
Remediation can range from relatively straightforward earthmoving
operations to complex technological treatment processes.
For further details, including information on appropriate guidelines,
click through to the EPA Remediation
webpage.
What is the Site Contamination NEPM and where
can I get a copy?
The National
Environment Protection (Assessment of Site Contamination) Measure
(NEPM) was made in December 1999. The Site Contamination NEPM
operates as an Environment Protection Policy under the Environment
Protection Act.
The aim of the Measure is to provide adequate protection of human
health and the environment, where contamination has occurred,
through the development of an efficient and effective national
approach to environmental site assessment.
The Site Contamination NEPM contains schedules and a number of
guidelines, which are available online from the Environment
Protection and Heritage Council (EPHC) website. The Site Contamination
NEPM is currently under review - please check the EPHC
website for updates.
Where can I get planning advisory notice
20?
Planning
Advisory Notice 20/02 on Site Contamination has been issued
by Planning SA and describes the roles and responsibilities of
planning authorities in addressing site contamination through
the Plan Amendment Report (PAR) process and when assessing development
applications.
For further details on the planning advisory notice, see the
EPA Planning and Development webpage.
This page was last modified 14-01-2008
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