Western Australia’s NEW Contaminated Site
Legislation
On 1 December 2006, the Contaminated Sites Act 2003
(WA) (Act) will come into effect.
At the commencement of the Act members of the public
will be able to easily access basic information on
contaminated sites in WA at no cost.
The Contaminated Sites Database will include
information on sites classified as “contaminated -
remediation required”, “contaminated - restricted
use” and “remediated for restricted use” under the
Act.
Additionally, a contaminated sites information line
has also been set up to assist with any questions or
concerns about the Act by calling 1300 762 982
between 8:30am and 5pm Monday to Friday.
Information on sites classified as “report not
substantiated”, “possibly contaminated -
investigation required”, “decontaminated”, and “not
contaminated - unrestricted use” will not be
available on the Contaminated Sites Database. It can
however be obtained by contacting the Department of
Environment and Conservation.
Definition of Contaminated Site
An area of land, including underground water, is
considered contaminated if it has a substance
present at above background concentrations that has
the potential to pose a risk to human health or the
environment.
Reporting of Contaminated Sites:
The new legislation makes it mandatory to report any
known or suspected contaminated site by:
The Owner or occupier;
The person who caused or contributed to the
contamination; or
A site auditor auditing the site in accordance
with the new legislation.
The fines for failure to report land known or
suspected to be contaminated are up to $250,000 for
an individual or up to $1,250,000 for a company.
Anyone who maliciously reports a site as
contaminated or makes a report without reasonable
cause to suspect contamination risks a fine of up to
$250,000.
Site Classifications:
The different classifications that may be given to a
site are:
1. Report not substantiated
2. Possibly contaminated – investigation required
3. Not contaminated – unrestricted use
4. Contaminated – restricted use
5. Contaminated – remediation required
6. Remediated for restricted use
7. Decontaminated
Responsibility for remediation
Pursuant to the Act only sites classified as
“contaminated – remediation required” are required
to be cleaned up. The Contaminated Sites Committee
will determine who is responsible for the
remediation of a site in cases where a dispute has
arisen about who (originally) contaminated a site.
Memorials will be registered on the Certificates of
Title for all land classified as “contaminated –
remediation required”, “contaminated - restricted
use”, “remediated for restricted use” or “possibly
contaminated – investigation required”.
Additionally, owners of a contaminated site
classified as “contaminated – remediation required”
or “contaminated - restricted use” or “remediated
for restricted use” will be obliged to disclose that
information to anyone who intends to purchase,
lease, or take a mortgage. This disclosure must be
made before the contract is entered into and the
transaction is finalised.
Certificates of Contamination Audit
The WA government will provide a ‘final sign off’ or
certification of the contaminated status of the site
and the type of use the land is suited for. This is
intended to provide certainty of any contamination
of the land when it is sold or transferred and
details of any remediation efforts that have
occurred.
Protection of ‘Innocent’ land owners
The Act provides protection for purchasers who have
purchased land prior to enactment of the Act and who
were unaware that the site was contaminated prior to
purchase. A land owner may provide a disclosure
statement to the Contaminated Sites Committee
outlining the details of the contamination. After a
review by the Contaminated Sites Committee
certificates of exemption may be issued exempting
the owner from the requirements of remediation. If a
land owner is unsuccessful in obtaining an exemption
certificate an appeal process is available to the
Supreme Court on points of law only.
Other Provisions in the Legislation include:
Powers conferred to issue regulatory notices
requiring investigation and clean up of a site
Accreditation of site auditors (similar to the
systems used in NSW and Victoria)
Protection for ‘whistle blowers’
Penalties for providing false or misleading
information on contaminated sites.
For more information:
Contact the DEC Contaminated site hotline: 1300 762
982
Or by post to:
Department of Environment and Conservation
Locked Bag 104
Bentley Delivery Centre WA 6983
