Advice to Business Regarding the Management of Contaminated Land under the Environmental Protection Act 1994 - Queensland

Service summary

Why the Support is Provided?

This service is provided to advise on procedures under the Environmental Protection Act 1994.

This is to:

  • identify contaminated land in Queensland
  • maintain the environmental management and  contaminated land registers
  • prevent further contamination of land in Queensland
  • enable assessment and, if necessary, remediation of contaminated land to ensure the land does not present a hazard to human health or the environment.

What Support is Provided?

The Department of Environment and Heritage Protection provides information to government, industry and the community on the Environmental Protection Act 1994.

The EMR and CLR are public access registers and members of the public can search and obtain extracts from the EMR/CLR on payment of a prescribed fee.

The Registers also provide information for land purchasers who search the Registers during the land conveyancing process.

A computer link to the Register is available via the State Government Centre for Information Technology and Communication (CITEC) and SmartService Queensland, https://products.ehp.qld.gov.au/shopping/home

The Department's Waste & Land Contamination Assessments Team provides technical advice on the assessment and remediation of contaminated land, including the stages of site investigation, remediation and management and the assessment of development applications. In addition to providing advisory services relating to technical matters, the Department also provides advice on legislative responsibilities and on administrative procedures relating to contaminated land management.

Service type

Support Service

A service offered by government to aid in running a business.

Definition of terms

Contaminated land

is defined in the Environmental Protection Act 1994 as "land contaminated by a hazardous contaminant".

Contaminated Land Register

a register of proven contaminated land that is causing, or may cause, serious environmental harm. Land is recorded on the CLR when a scientific investigation shows the land is contaminated and action needs to be taken to remediate or manage it to prevent serious environmental harm or adverse health risks.

Environmental Management Register

the EMR records land that has been used for a notifiable activity, (land use activities that are known to cause contamination), and land that has been contaminated by a hazardous contaminant. Recording land use information on the EMR ensures that land which has the potential to be contaminated because of a previous or current land use is investigated, and where necessary, remediated before a change of use.

Notifiable activity

activities that have been identified as likely to cause land contamination are listed in Schedule 3 of the Environmental Protection Act. Under the Act, land that has been used for a notifiable activity must be notified to DERM by landowners and local government. Land that has been used for a notifiable activity is recorded on the EMR, which is maintained by the DERM.

Eligibility requirements

No specific eligibility criteria apply.

Fees

Fees apply to public searches of the Department's Environmental Management Register and Contaminated Land Register. Fees also apply to the assessment of site investigation reports by the Department. These fees are listed in Schedule 10, Part 4 of the Environmental Protection Regulation 2008.

Publications Details

Guideline for contaminated land professionals http://www.ehp.qld.gov.au/licences-permits/contaminated-land/documents/guideline-contaminated-land-professionals.pdf

Information sheets on specific issues:

  • Management of Contaminated land in Queensland
  • Notifiable Activities
  • Removal and Disposal of Contaminated Soil
  • Choosing a Contaminated Land Consultant.

Administering agency

Department of Environment and Heritage Protection
Environmental Services and Regulation
Environmental Management & Contaminated Land Registers

Contact details

PaLM
Department of Environment and Heritage Protection
Environmental Services and Regulation
Environmental Management & Contaminated Land Registers

Operating address:
Floor 9
400 George Street
Brisbane
Queensland 4000
Mailing address:
GPO Box 2454
Brisbane
Queensland 4001

Phone:

1300 130 372

Disclaimer

The information contained on the Australian Business Licence and Information Service (ABLIS) web site, or via packages or other sources is intended for general guidance only.

To the full extent permitted by law, the Federal, State, Territory and Local Governments make no representations or warranties (expressed or implied) in relation to the information, including its accuracy, currency or completeness.

The business information provided does not constitute professional or legal advice, nor is the use of any third party resource an endorsement of the information contained, the associated organisation, product or service. It is recommended that you obtain appropriate professional and /or independent legal advice to ensure that the material provided here is relevant to your particular circumstances.

To the full extent permitted by law the Federal, State, Territory and Local Governments, their employees and agents do not accept any liability for any reason, including without limitation, liability in negligence, to any person for the general information which is provided herein, or in respect of anything, including the consequences of anything done, or not done, by any such person in whole or partial reliance upon the information.