Guideline for contaminated land

professionals
Prepared by: Waste and Land Contamination Assessments, Department of Environment and Heritage Protection

The State of Queensland (Department of Environment and Heritage Protection) 2012

Copyright inquiries should be addressed to <copyright@ehp.qld.gov.au> or the Department of Environment and Heritage
Protection, 41 George Street, Brisbane QLD 4000

Disclaimer
This document has been prepared with all due diligence and care, based on the best available information at the time of
publication. The department holds no responsibility for any errors or omissions within this document. Any decisions made by
other parties based on this document are solely the responsibility of those parties.

If you need to access this document in a language other than English, please call the Translating and Interpreting Service (TIS
National) on 131 450 and ask them to telephone Library Services on +61 7 3224 8412.

This publication can be made available in an alternative format (e.g. large print or audiotape) on request for people with vision
impairment; phone +61 7 3224 8412 or email <library@ehp.qld.gov.au>.

Citation
EHP. 2006. Guideline for contaminated land professionals. Brisbane: Department of Environment and Heritage Protection,
Queensland Government.

October 2012
Contents
Part 1 Contaminated land policy and legislative framework......................................................................................1
1 Introduction ......................................................................................................................................................1
1.1 Purpose .......................................................................................................................................................1
2 Environmental Protection Act 1994 .................................................................................................................1
2.1 Environmental duties...................................................................................................................................1
2.2 Contaminated land (Chapter 7, Part 8) .......................................................................................................2
2.3 Offences ......................................................................................................................................................4
3 Sustainable Planning Act 2009 (SPA) .............................................................................................................4
3.1 Integrated development assessment system (IDAS) ..................................................................................4
4 National Environment Protection (Assessment of Site Contamination) Measure 1999 ..................................4
5 Other guidelines...............................................................................................................................................5
5.1 National guidelines ......................................................................................................................................5
5.2 Asbestos policy............................................................................................................................................5
Part 2 Roles and responsibilities ...............................................................................................................................6
1 Introduction ......................................................................................................................................................6
2 Administering authority ....................................................................................................................................6
2.1 Prevention of contamination........................................................................................................................6
2.2 EMR/CLR ....................................................................................................................................................6
2.3 Assessment and approval of reports and site management plans .............................................................6
2.4 Suitability statements ..................................................................................................................................7
2.5 Compliance..................................................................................................................................................7
2.6 Area management advices..........................................................................................................................7
3 Local government ............................................................................................................................................8
3.1 Notification...................................................................................................................................................8
3.2 Development assessment managers ..........................................................................................................8
4 Land owner and occupier ................................................................................................................................8
4.1 Notification...................................................................................................................................................8
4.2 Notices to be given ......................................................................................................................................8
4.3 Site management ........................................................................................................................................9
4.4 Site compliance ...........................................................................................................................................9
Part 3 IDAS ..............................................................................................................................................................10
1 Introduction ....................................................................................................................................................10
2 Stages of IDAS ..............................................................................................................................................10
3 IDAS roles......................................................................................................................................................10
4 Pre-IDAS assessment ...................................................................................................................................11
5 Assessment under IDAS................................................................................................................................11
5.1 Preliminary approvals................................................................................................................................11
5.2 Administering authority as assessment manager .....................................................................................11
5.3 Local government as assessment manager .............................................................................................11
Part 4 Land assessment and remediation process .................................................................................................12

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 1 Introduction ....................................................................................................................................................12
2 Development approval process .....................................................................................................................12
3 Professional requirements .............................................................................................................................12
3.1 Suitably qualified persons .........................................................................................................................12
3.2 Statutory declarations................................................................................................................................12
4 Staged assessment and remediation process...............................................................................................12
4.1 Preliminary site investigation.....................................................................................................................13
4.2 Detailed site investigation..........................................................................................................................13
4.3 Health and environmental risk assessment and development of a remediation action plan ....................14
4.4 Implementation of a remediation action plan and preparation of validation report ...................................14
5 Site management plans (SMPs) ....................................................................................................................14
6 Presentation of analytical results and bore logs ............................................................................................15
Part 5 Contaminated soil disposal ...........................................................................................................................16
1 Introduction ....................................................................................................................................................16
2 When a disposal permit is required ...............................................................................................................16
3 Applying for a disposal permit........................................................................................................................16
4 Deciding an application for a disposal permit ................................................................................................17
4.1 Waste reduction targets ............................................................................................................................17
4.2 Waste and resource management hierarchy ............................................................................................17
4.3 Soil treatment and the ASC NEPM 1999 hierarchy of remediation options..............................................18
4.3 Soil separation...........................................................................................................................................18
References..................................................................................................................................................................19
Legislation...................................................................................................................................................................20
Appendix 1 Contaminated land assessment process..............................................................................................21
Appendix 2 Reporting requirements checklist .........................................................................................................22
Appendix 3 Sample draft site management plan.....................................................................................................29

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 Guideline for contaminated land professionals

Part 1 Contaminated land policy and legislative framework

1 Introduction
Contaminated land means land contaminated by a hazardous contaminant (such as heavy metals, asbestos,
pesticides and/or hydrocarbons) which may pose a risk to human health or the environment. Land contamination,
which is predominantly a historical problem, may result from poor environmental management and waste disposal
practices or accidental spills in industrial or commercial activities. In some cases, land may have been
contaminated by activities not known to be dangerous at the time, often involving chemicals which have since been
banned or are now subject to much stricter controls.
Contaminated land is managed in Queensland under a range of documents including the:
Environmental Protection Act 1994 (EP Act)
National Environmental Protection (Assessment of Site Contamination) Measure 1999 (ASC NEPM 1999)
(NEPC 1999a). It should be noted that at the time of publication of this guideline, the ASC NEPM 1999 was
under review. The current published version of the ASC NEPM (or equivalent) should be used in all situations
Guidelines for the Assessment of On-Site Containment of Contaminated Soil (National Containment Guidelines)
(ANZECC 1999)
Health Screening Levels for Petroleum Hydrocarbons in Soil and Groundwater (CRC CARE Health Screening
Levels) (Friebel and Nadebaum 2011)
Canada-wide standard for petroleum hydrocarbons (PHC) in soil (CCME 2008)
Guidelines for the Assessment, Remediation and Management of Asbestos-Contaminated Sites in Western
Australia (WA Asbestos Guidelines) (DoH and DEC 2009).
Land development and development approvals in Queensland are coordinated under the Sustainable Planning Act
2009 (SPA) by an assessment manager (usually the relevant local government) with referral agencies assessing
applications against the requirements of legislation and planning schemes. The rationale, intent and requirements
of this legislation and guidelines are outlined in Part 1 of this guideline.

1.1 Purpose
The purpose of this guideline is to establish best practice for managing land contamination through the planning
and development control process. These guidelines have been prepared particularly for use by contaminated land
professionals but are also likely to be useful to other industry groups, planning authorities, developers, lenders,
property insurers and valuers, property owners and other members of the community.

2 Environmental Protection Act 1994

2.1 Environmental duties
Many activities may result in environmental harm being caused. Chapter 7, Part 1 of the EP Act addresses this
potential by imposing two main duties: the general environmental duty (GED) and the duty to notify. These duties
are relevant to all persons undertaking notifiable activities or managing sites on the Environmental Management
Register (EMR) or Contaminated Land Register (CLR).

2.1.1 General environmental duty (GED)

Section 319 of the EP Act states that all persons in Queensland have a GED. This means that everyone is
responsible for the actions they take that affect the environment.
Before a person carries out an activity (including a notifiable activity) that causes or is likely to cause environmental
harm they must take all reasonable and practicable measures necessary to prevent or minimise the harm. For
example, hazardous contaminants must not be indiscriminately or negligently released onto land. To determine
what actions need to be taken to meet the GED consider:
the nature of the harm or potential harm
the sensitivity of the receiving environment
the current state of technical knowledge for the activity

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 the likelihood of successful application of the different measures to prevent or minimise environmental harm that
might be taken
the financial implications of the different measures as they would relate to the type of activity.

2.1.2 Duty to notify

Land contamination may result in serious or material environmental harm. Chapter 7, Part 1, Division 2 of the EP
Act establishes a duty to notify such harm. The duty to notify applies to land owners, land occupiers and persons
who are engaged as suitably qualified persons (SQPs) or third party reviewers (TPRs) when they become aware of
actual or potential serious or material environmental harm. The duty to notify may be established under either
section 320B, 320C or 320D of the EP Act. The duty to notify is fully outlined in the guideline, The duty to notify of
environmental harm (DERM 2011).
Material and serious environmental harm are defined in sections 16 and 17 of the EP Act respectively as:
16 Material environmental harm
(1) Material environmental harm is environmental harm (other than environmental nuisance)
(a) that is not trivial or negligible in nature, extent or context; or
(b) that causes actual or potential loss of damage to property of an amount or, of amounts
totalling, more than the threshold amount but less than the maximum amount; or
(c) that results in costs of more than the threshold amount but less than the maximum amount
being incurred in taking appropriate action to
(i) prevent or minimise the harm; and
(ii) rehabilitate or restore the environment to its condition before the harm.
(2) In this section
maximum amount means the threshold amount for serious environmental harm.
threshold amount means $5,000 or, if a greater amount is prescribed by regulation, the greater
amount.
17 Serious environmental harm
(1) Serious environmental harm is environmental harm (other than environmental nuisance)
(a) that is irreversible, of a high impact or widespread; or
(b) caused to an area of high conservation value or special significance; or
(c) that causes actual or potential loss or damage to property of an amount of, or amounts
totalling, more than the threshold amount; or
(d) that results in costs of more than the threshold amount being incurred in taking appropriate
action to
(i) prevent or minimise the harm; and
(ii) rehabilitate or restore the environment to its condition before the harm.
(2) In this section
threshold amount means $50,000 or, if a greater amount is prescribed by regulation, the greater
amount.

2.2 Contaminated land (Chapter 7, Part 8)

Chapter 7, Part 8 of the EP Act contains the contaminated land provisions. These provisions adopt the concept of
risk management through the development of two registers for the recording of land. Sites are recorded on the
EMR and CLR registers on the basis of risk assessment.

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2.2.1 Inclusion of land on the EMR/CLR
Division 2 of the contaminated land provisions of the EP Act provide for the recording of land on either the EMR or
CLR. Land is placed on the EMR and/or CLR because a notifiable activity has been or is being conducted on the
site or the land has been contaminated by a hazardous contaminant. A full list of notifiable activities is listed in
schedule 3 of the EP Act. Hazardous contaminant is defined in schedule 4 of the EP Act as a contaminant other
than an item of explosive ordnance, that if improperly treated, stored, disposed of or otherwise managed, is likely to
cause serious or material environmental harm because of:
its quantity, concentration, acute or chronic toxic effects, carcinogenicity, teratogenicity, mutagenicity,
corrosiveness, explosiveness, radioactivity or flammability; or
its physical, chemical or infectious characteristics.
Environmental Management Register (EMR)
The EMR is a land-use planning and management register. The EMR provides information on historic and current
land-use including whether the land has been or is currently used for a notifiable activity or has been contaminated
by a hazardous contaminant. Based on information provided to the Department of Environment and Heritage
Protection (EHP), in most circumstances, sites recorded on the EMR dont pose a significant risk to human health
and/or the environment under their current land use. However, it is possible that they may pose a risk to human
health and/or the environment if the land use of these sites were to change. Hence, the appropriate investigation
and, if necessary, remediation will be required to be undertaken before any change in land use takes place. Entry
on the EMR does not mean the land must be cleaned up or that the current land use must stop.
Contaminated Land Register (CLR)
The CLR is a register of sites with proven contamination which are causing or may cause serious environmental
harm or public health risk. Land is recorded on the CLR when scientific investigation shows it is contaminated and
action needs to be taken to remediate or manage the land. Actions could include:
technical measures to prevent the migration of contaminants
full removal of contaminants and off-site treatment to prevent serious or material environmental harm or public
health risks.

2.2.2 Investigation of land on the EMR

Division 3 of the contaminated land provisions of the EP Act provides that investigations of land on the EMR may
be undertaken by a person either voluntarily (normally in relation to a development application for an alternative
land use) or upon request of the administering authority. Land can be removed from the EMR if the landowner or
local government provides sufficient information to demonstrate to the administering authority that a notifiable
activity has not occurred on the site and the land has not been contaminated.
Details regarding the technical requirements for the investigation of land on the EMR are provided in Part 4 of this
guideline.

2.2.3 Remediation of land

Division 4 of the contaminated land provisions of the EP Act provides that the remediation of land on the EMR or
CLR may be undertaken by a person either voluntarily (normally in relation to a development application for an
alternative land use) or upon request of the administering authority. Land is removed from the EMR/CLR after
remediation work is complete and a validation report has been submitted which satisfies the administering authority
that the land is no longer contaminated.
Alternatively, land can be transferred from the CLR to the EMR where a validation report can satisfactorily
demonstrate that remediation has reduced contamination sufficiently that the environmental and human health
risks from residual contamination can be managed under a site management plan (SMP).
Details regarding the technical requirements for the remediation and validation of land on the EMR and CLR are
provided in Part 4 of this guideline.

2.2.4 Site management plans

Division 5 of the contaminated land provisions of the EP Act enable the preparation of SMPs for land on the EMR.
In some cases it is not necessary or practical to remove all the contamination from a site in order to prevent
environmental harm and/or public health risks. In such circumstances, the administering authority can approve
SMPs for land which state how a site will be managed in order to prevent environmental harm or public health
risks. Once approved SMPs are recorded on the EMR and are provided with any related search of the register.
Details regarding the technical requirements for SMPs are provided in Part 4 of this guideline.

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2.3 Offences
The EP Act provides for a number of offences to act as a deterrent from causing environmental harm and for the
efficient implementation of the legislation.

2.3.1 Contravention of a site management plan

As discussed in section 2.2.4, sites on the EMR may be subject to a SMP. Under section 434 of the EP Act it is an
offence to contravene a SMP. The maximum penalty for contravention of a SMP is $166,500 or two years
imprisonment.

2.3.2 False or misleading documents

The administering authority relies on the accuracy and veracity of reports submitted by clients, SQPs and TPRs
when making environmental management decisions. In keeping with the ASC NEPM 1999, reports submitted to
administering authority must be of a high professional standard. Under section 480 of the EP Act it is an offence to
submit a document to the administering authority containing information that is false or misleading in a particular
matter. The maximum penalty for supplying a document which is false or misleading is $166,500 or two years
imprisonment.

3 Sustainable Planning Act 2009 (SPA)

The purpose of SPA is to seek ecological sustainability by considering environmental factors in land use decision
making and coordinating integrated development decisions.

3.1 Integrated development assessment system (IDAS)

Chapter 6 of SPA establishes the IDASa system for integrating state and local government assessment and
approval processes for development (under s. 230 of SPA).
Further information regarding IDAS is provided in Part 3 of this guideline or can be obtained from the Department
of State Development, Infrastructure and Planning (SDIP) at www.dlgp.qld.gov.au (search guidelines).

4 National Environment Protection (Assessment of Site Contamination)

Measure 1999
The ASC NEPM 1999 (discussed in this section) and National containment guidelines, CRC Care Health Screening
Levels and WA Asbestos Guidelines (discussed in section 5), or equivalent, are the minimum considerations for
any site investigation report, validation report or site management plan. Not properly considering these documents
when preparing contaminated land submissions is likely to result in either:
a refusal of the application
the requirement of another report
the submission of additional information.
Other guidelines and reference material, for example specific chemical toxicity assessments, may be used when
preparing reports for the management of contaminated land where such material augments or enhances the
information provided in the ASC NEPM 1999.
The ASC NEPM 1999 was released in 1999 as the premier guidance document in Australia for the assessment of
site contamination1. The ASC NEPM 1999 establishes a nationally consistent approach to the assessment of site
contamination to ensure sound environmental management practices by the community, including regulators, site
assessors, environmental auditors, landowners, developers and industry. In doing so it provides adequate
regulation of human health and the environment where site contamination has occurred, through development of
an efficient and effective national approach to the assessment of site contamination2.

1 Internet access 14 May 2012, www.ephc.gov.au/contam/pcdocs

2 Internet access 14 May 2012, www.ephc.gov.au/contam

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In keeping with the National Environment Protection Council Act 1994, the administering authority has adopted the
ASC NEPM 1999 for the assessment of contaminated land.
A full list of the ASC NEPM 1999 technical guidelines (included as schedules to the ASC NEPM 1999) cover:
the investigation levels for soil and groundwater
data collection, sample design and reporting
laboratory analysis of potentially contaminated soils
health risk assessment methodology
ecological risk assessment
risk based assessment of groundwater contamination
health-based investigation levels
exposure scenarios and exposure settings
community consultation and risk communication
protection of health and the environment during the assessment of site contamination
competencies and acceptance of environmental auditors and related professionals.

5 Other guidelines
5.1 National guidelines
In 1999, The Australian and New Zealand Environment and Conservation Council (ANZECC) developed the
Guidelines for the Assessment of On-Site Containment of Contaminated Soil (ANZECC 1999). These guidelines
(or equivalent) must be considered in any contaminated land submission when on-site containment options for
sites affected by contamination are being considered.
AS 4482.1-2005: Guide to the investigation and sampling of sites with potentially contaminated soil - Non-volatile
and semi-volatile compounds (Standards Australia 2005) and AS 4482.2-1999: Guide to the sampling and
investigation of potentially contaminated soil Volatile substances (Standards Australia 1999) (or equivalent) must
also be considered in the investigation and sampling of contaminated land.
Further technical supporting documents are provided in the Contaminated Sites Monograph Series (El Saadi and
Langley 1991; Langley and Van Alphen 1993; Edwards, Van Alphen and Langley 1994; Olszowy, Torr and Imray
1995; Langley, Markey and Hill 1996) and through the CRC Care Health Screening Levels (Friebel and Nadebaum
2011). Health impacts from petroleum hydrocarbon contamination should be assessed against Health screening
levels for petroleum hydrocarbons in soil and groundwater in the CRC Care Health Screening Levels. Ecological
impacts should be assessed using the Canada-wide standards for petroleum hydrocarbons (PHC) in soil (CCME
2008). Consideration also needs to be given to the physical and aesthetic impacts of petroleum hydrocarbons.

5.2 Asbestos policy

There is currently no guidance available at the national level for the assessment, remediation and management of
sites contaminated by asbestos. The administering authority regards the WA Asbestos Guidelines (DoH and DEC
2009) as current best practice and these must be used when preparing contaminated land submissions regarding
asbestos contaminated land.

5
Part 2Roles and responsibilities
1 Introduction
Managing contaminated land involves all levels of government, industry, landowners, and the wider community.
This part of the guideline sets out the responsibilities of government, landowners, industry and developers in the
prevention, identification and remediation of contaminated land.

2 Administering authority
The entity responsible for the administration and enforcement of the EP Act is the administering authority. While
the administration and enforcement of many parts of the EP Act have been devolved to local government under
section 514, the administering authority for Chapter 7, Part 8 of the EP Act is the chief executive of EHP.
Despite being the administering authority for contaminated land matters, EHP enters into agreements with other
state government agencies with specific expertise. Under a Memorandum of Understanding between EHP and
Queensland Health, the Radiation Health Unit (RHU) is responsible for the assessment of land contamination
caused by radioactive substances.
In the case of UXO contamination, the administering authority works closely with the Department of Defence
(Defence). Defences role is to identify land affected by UXO and make preliminary assessment of the extent and
nature of contamination. Under Commonwealth Government policy, Defence is responsible for disposal of
discovered UXO.

2.1 Prevention of contamination

The administering authority is responsible for the approval of many industrial activities which are able to cause
environmental harm including land contamination. The administering authority sets conditions regarding the
management of industrial raw materials and liquid and solid chemical wastes for such approvals to ensure that
future land contamination from industrial activity is minimised.

2.2 EMR/CLR
As the administering authority of Chapter 7, Part 8 of the EP Act, EHP is responsible for maintaining the EMR and
CLR. As outlined in Part 1 of this guideline, the EMR and CLR are public access registers which members of the
public can search and obtain extracts. EHP Factsheet 6: How to search the EMR and CLR and Factsheet 7:
Results of a search of the EMR and CLR provide information regarding searching and obtaining extracts from the
EMR and CLR (EHP in prep (a); EHP in prep (b)).

2.3 Assessment and approval of reports and site management plans

Under the EP Act, a person can submit:
a site investigation report (i.e. a scientific assessment to determine if contaminants are present on a site and, if
so, whether the contaminants pose a risk to human health or the environment)
a validation report about remediation work undertaken on a contaminated site
a site management plan (SMP) which outlines how hazardous contaminants will be managed so that they do
not pose a risk to human health or the environment.
The administering authority is responsible for the assessment of these documents. This assessment generally
includes ensuring that work has been carried out in accordance with the technical requirements of the guidance
documents listed in Part 1, Section 1 of this guideline. After assessing and accepting these documents the
administering authority may determine:
land can be removed from EMR/CLR
land should be moved to or from the EMR and CLR
contaminated land can be adequately managed for a proposed land use.

6
Alternatively, the administering authority may determine that a document in the form submitted, is inadequate and:
refuse it
request a new document
request additional information.

2.4 Suitability statements

After considering a site investigation or validation report and any associated SMP, the administering authority
decides whether the land is contaminated and for what uses it is suitable. The administering authority then
prepares a suitability statement which is a brief report about the site and the uses for which the land is suitable.
Suitability statements are issued to the landowner and the applicant (if this is a person other than the owner) and
the LGA.

2.5 Compliance
The administering authority takes a cooperative approach to managing and monitoring risks to Queenslands
environment. Nevertheless, the community also expects the administering authority, as Queenslands lead
environmental agency, to assess compliance in regard to contaminated land legislation to ensure individuals are
discharging their duties and responsibilities appropriately.
The administering authority is committed to the proactive management and monitoring of risks to Queenslands
environment through the implementation of a compliance strategy founded on a targeted and transparent approach
to compliance supported by a modern and strong enforcement capability.
Where non-compliance matters are encountered, the administering authority will seek to implement a measured
and appropriate response. The administering authority has published Enforcement Guidelines (DERM 2010a)
which explain how it determines what enforcement action it will take in any given situation.

2.5.1 Compliance plans

The administering authority publishes annual compliance plans which can be downloaded from
www.ehp.qld.gov.au (search compliance).
Under these compliance plans the administering authority is able to implement compliance actions relevant to the
management of contaminated land. Such compliance actions may target:
quality of investigation and validation reports provided
remediation outcomes achieved
implementation of SMPs.

2.5.2 Compliance notices

Under the EP Act, the administering authority can issue notices requiring:
site investigations where a preliminary investigation has shown that hazardous contaminants present (in
accordance with section 376)
land on the CLR to be remediated and a validation report to be submitted (in accordance with section 391)
the preparation of a SMP where a site investigation has shown that land is contaminants present on land
require management to make the land suitable for the proposed use (in accordance with section 405).
Such notices are issued where there is serious or material environmental harm being caused or the potential for
serious or material environmental harm to be caused by a site listed on the EMR or CLR.

2.6 Area management advices

Area management advices (AMA) provide information on areas where there is a potential for widespread
contamination but where detailed information is not available. An AMA is an administrative arrangement developed
by the administering authority in conjunction with local government for use by planning authorities.

7
An AMA provides information to the community on dealing with land contamination in widespread areas. Such
areas include:
natural mineralisation where elevated concentrations of heavy metals may be found across a wide area but site
specific information is not available
former defence training areas where there is a possibility of UXO being found.

3 Local government
Local governments have a pivotal role in the identification of contaminated land and in the decision making process
for land use planning as assessment managers under IDAS.

3.1 Notification
Under the EP Act, all local governments in Queensland are required to notify the administering authority of land
that has been or is currently used for notifiable activities within their local government area. This is to enable it to be
included on the EMR. This information is gathered by local governments through sources such as historical
information, aerial photographs, local knowledge and town planning records. Following advice from the
administering authority that land has been included on the EMR or CLR, the local government must maintain a
record of this land for reference in land use planning and for decision making relating to development approvals.
The information provided to local government regarding the inclusion of land on the EMR/CLR is for internal use
only. Members of the public requiring information about land recorded on the EMR/CLR should be referred to the
administering authority to complete a public search.

3.2 Development assessment managers

Part 3 of this guideline outlines the process by which land use approvals are administered under IDAS. The role of
assessment manager is crucial to IDAS, for a typical development application involving contaminated land, local
government will undertake the role of assessment manager.

4 Land owner and occupier

4.1 Notification
If the owner or occupier of land becomes aware that a notifiable activity is being carried out on the land or if the
land has been, or is being, contaminated by a hazardous contaminant, under section 371 of the EP Act the owner
or occupier must notify the administering authority within 22 business days. Notification under section 371 must be
in the approved form.
The maximum penalty for failing to give notification under section 371 is $10,000. More details on the notification
process can be found on Factsheet 2Notifiable activities (DEHP in prep (c)).

4.2 Notices to be given

4.2.1 Occupancy agreements
If land is recorded on the CLR and the owner of the land has entered into, or proposes to enter into, an agreement
with another person about occupancy of the land, under section 420 of the EP Act, the owner must give written
notice to the other person regarding the land being recorded on the CLR.
The maximum penalty for not giving notice under section 420 is $5000.
If the owner does not give notice as required under section 420 of the EP Act, the person who has entered into the
occupancy agreement may terminate the agreement by written notice given to the owner within 10 days of
becoming aware the land is recorded on the CLR.

4.2.2 Sale of land

Under section 421 of the EP Act, anyone selling or otherwise disposing of land that is listed on the EMR or CLR is
required to give written notice of the lands EMR status to any potential buyer. This ensures that potential buyers of
land are aware of relevant past or present land use practices and any SMP before purchasing the property.
The maximum penalty for not giving notice under section 421 is $5000.

8
If the owner does not give notice as required by section 421 of the EP Act, the buyer may rescind the agreement by
written notice given to the owner. On rescission of the agreement, any money paid by the buyer to the person must
be refunded.

4.3 Site management

When a development application is made for a material change of use to a more sensitive land use or for the
reconfiguring of a lot; land that has been used for a notifiable activity or is recorded on the EMR or CLR will require
an investigation and, possibly, remediation. The person making the development application (typically the
landowner or occupier) normally commissions such investigation and remediation and, as part of the development
approval, prepares a remediation action plan (RAP) for incorporation in a SMP.
Site investigations, validation reports regarding the remediation of land and SMPs must be completed by SQPs.
More details on the preparation of site investigation reports, validation reports and SMPs are contained in Part 4 of
this guideline.

4.4 Site compliance

As detailed in Part 1 of this guideline, under section 434 of the EP Act, a landholder or occupier is responsible for
complying with any SMP approved and recorded on the EMR for the site.

9
Part 3IDAS
1 Introduction
Chapter 6 of SPA establishes the Integrated Development Approval System (IDAS) as a single, uniform system for
development approval that enables referral agencies to have input in the assessment process. The system
provides for the social, economic and environmental (including contaminated land) matters relevant to a
development application to be coordinated through a single process.

2 Stages of IDAS
The IDAS process can involve up to five stages, although not all applications will require all stages. The stages of
IDAS are the:
application stage where the application is lodged with the relevant assessment manager
information and referral stage where the application is referred to relevant agencies and further information
may be necessary to determine the application as requested and to assess the development proposal against
relevant criteria
notification stage where the public is made aware of the development proposal and is given an opportunity to
make submissions regarding the proposal. The notification stage may be applicable to contaminated land
applications but the administering authority is not involved and this stage is not always applicable. More
information regarding the necessity for the notification stage should be sought from the relevant local
government
decision stage where the assessment manager makes a decision on the application including any
requirements of referral agencies
compliance stage for certain applications which can be assessed against clear technical standards which do
not require the exercise of broad discretion. Contaminated land assessment does not lend itself to compliance
assessment and this stage is not relevant to contaminated land applications.
Therefore under many situations only three stages will be relevant to an application involving contaminated land
(application, information and referral and decision).

3 IDAS roles
IDAS defines the responsibilities for the respective participants in the process. Participants include:
the applicant who makes the development application who is normally the landowner, land occupier or
developer
the assessment manager, typically the relevant local government, who accepts, coordinates and ultimately
decides the application
referral agencies, usually state government agencies, who assess the application against certain criteria.
Referral agencies may be:
- concurrence agencies who can direct the decision about the application e.g. require refusal or require
conditions to be applied to any approval issued by the assessment manager (the administering authority is a
concurrence agency for contaminated land matters)
- advice agencies who cannot direct the decision about the application but can give advice to the assessment
manager regarding the application. There are no advice roles regarding contaminated land matters.
submitters who are members of the public who want to make submissions regarding the application because
they believe the development will have an impact on them.
Under IDAS, an application may be:
approved as a development permit or a preliminary approval either with or without conditions
refused.

10
4 Pre-IDAS assessment
Most development applications regarding land included on the EMR or CLR will be made under IDAS as part of a
development proposal. However, an application may be progressed under the EP Act not in conjunction with a
development proposal or prior to the submission of a development application under IDAS.
Where an application is made prior to IDAS, e.g. a site investigation report prepared by an SQP is submitted prior
to IDAS, the administering authority can issue a site suitability statement and/or remove the site from the EMR
and/or CLR. Where the site is removed from both the EMR and CLR or the proposed land use is consistent with a
site suitability statement, a development proposal will not be required to be referred to the administering authority
for contaminated land matters under IDAS.

5 Assessment under IDAS

The administering authority will be a referral agency under IDAS for a development application for land which is on
the EMR or CLR. In most cases the relevant local government will be the assessment manager for the application,
however, in certain cases the administering authority will be the assessment manager.

5.1 Preliminary approvals

A preliminary approval approves development but does not authorise assessable development to take place. The
administering authority may require that any development approval issued by the assessment manager be only a
preliminary approval. This is done when the land remains on the EMR and a SMP has not been approved to
manage the use of the land and contaminants on the land consistent with the proposed land use.

5.2 Administering authority as assessment manager

In certain circumstances, as outlined in sections 5.2.1 and 5.2.2 below, the administering authority may be the
assessment manager for development applications involving land on the EMR or CLR.

5.2.1 Contaminated land as the only trigger under SPA

In accordance with Schedule 6, Table 3, Item 9 of the Sustainable Planning Regulation 2009 (SP Regulation), the
administering authority is the assessment manager for development applications where the only assessable
development trigger is contaminated land. It should be noted that such instances are rare and advice confirming
there is no other assessable development trigger should be sought from the relevant local government and the
administering authority. Where this is confirmed, there is no need to progress applications under IDAS and the
administering authority recommends applications be progressed under the EP Act alone (refer to Part 3, Section 4
Pre-IDAS Assessment).

5.2.2 Multiple triggers for the administering authority

In accordance with Schedule 6, Table 4, Item 1 of the SP Regulation, the administering authority is also the
assessment manager for applications that involve only the following assessable development triggers:
(i) an environmentally relevant activity for which the EHP is the administering authority under the EP Act
(ii) development on contaminated land
(iii) operational work that is tidal works or work carried out completely or partly within a coastal management
district
(iv) assessable development on a Queensland heritage place
(v) assessable development under Schedule 3, Part 1 Table 4, Item 10 of SPA.
It should be noted that such instances are rare and advice confirming there is no other assessable development
should be sought from the relevant local government. Where this is confirmed, a development application can be
submitted directly to the administering authority as the assessment manager.

5.3 Local government as assessment manager

Under most circumstances, i.e. those involving multiple referral agencies, the relevant local government will be the
assessment manager and the administering authority will be a referral agency. A flow chart showing the stages,
processes and indicative timeframes for a development application involving contaminated land can be
downloaded from the SDIP website www.dsdip.qld.gov.au after answering a series of questions regarding the
attributes for the particular application.

11
Part 4Land assessment and remediation process
1 Introduction
Reports prepared regarding the assessment and remediation of contaminated land must contain sufficient and
appropriate information to enable efficient review by the administering authority. Assessment and remediation of
contaminated land is conducted through a site-specific approach and in accordance with guidance documents
listed in Part 1, Section 1 of these guidelines. Successful assessment and remediation of land on the EMR and
CLR may result in the removal of land from the EMR and/or CLR or the approval of a SMP to enable a more
sensitive land use.

2 Development approval process

The development approval process under IDAS is outlined in Part 3 of this guideline. To prevent unnecessary costs
and delays, it is recommended that consideration be given to land contamination issues early in development
planning. Incomplete assessments will result in requests for additional information. There is always a risk that
development works will uncover undetected contamination which will result in alterations to RAPs. However,
complete and accurate site assessment work will reduce the risk of uncovering previously undetected
contamination.
The staged contaminated land assessment process (outlined in Part 4, Section 4) enables changes to be made
throughout the development approval and site works staged.

3 Professional requirements
The EP Act requires certain professional requirements for persons preparing site investigation reports, validation
reports and SMPs. These requirements are briefly outlined in sections 3.1 and 3.2 below, however, more detail is
available in the Guideline: Assessing qualified persons according to sections 381, 395 and 410 of the
Environmental Protection Act 1994 (DEHP in prep(d)).
In order to improve the assessment and management of contaminated land an optional third party review (TPR)
system has been introduced. This process has been developed in accordance with the ASC NEPM 1999
Schedule B(10) guideline on Competencies and acceptance of environmental auditors and related professionals.
Full details of the TPR process are contained in Operational PolicyThird party reviewer terms of reference
(DERM 2010b).

3.1 Suitably qualified persons

Sections 381, 395 and 410 of the EP Act require persons who prepare site investigation reports, validation reports
and SMPs respectively to be SQPs. To be an SQP, the individual must be a member of a prescribed organisation
and have the relevant qualifications and experience in keeping with the ASC NEPM 1999 and relevant to the
contamination issues raised by a particular site. The assessment of contaminated land is a specialised professional
area involving a number of disciplines. SQPs must have a range of competencies and be able to recognise the
need for supporting professional advice beyond their expertise when assessing contamination and its effects on
human health and the environment.

3.2 Statutory declarations

Under sections 383 and 395 respectively, site investigation and validation reports must be accompanied by
statutory declarations from both the applicant (the person to whom all information about the investigation is
directed) and the SQPs (only one statutory declaration is required where the applicant and SQP are the same
person). Where an SQP uses a professional support team (defined in the Guideline: Assessing qualified persons
according to sections 381, 395 and 410 of the Environmental Protection Act 1994 (DEHP in prep(d)) there are
specific requirements to be met to provide assurance to the administering authority that all the relevant
qualifications and experience are available to the SQP to complete works on and assessment of a particular site.

4 Staged assessment and remediation process

Contaminated site management is broadly classified into four stages:
Stage 1 preliminary site investigation
Stage 2 detailed site investigation

12
Stage 3 health and environmental risk assessment and development of RAP
Stage 4 implementation of RAP and preparation of validation report.
The reports in the above stages may be prepared separately or combined in various ways, however, each report
must be able to stand alone, containing sufficient information to be readily understood. Where relevant information
has been included in previous reports, a summary of the report should be included in the current report.
The following sections in this guide discuss the reporting requirements for each stage. At each stage the SQPs
must present their findings clearly in a sound and reasoned manner. Uncertainties in the investigation need to be
clearly identified. The basis for conclusions and recommendations must be included. Appendix 2 provides a
reporting check list for reporting requirements to assist SQPs in the preparation of reports.
The process by which these stages are integrated with SMPs (refer section 5 below) is outlined in Appendix 1 of
this guideline. A checklist summary of each stage is included in Appendix 2.
The most efficient use of resources during an investigation will require the development of data quality objectives
(DQOs). AS4482.1 & 2 and the ASC NEPM 1999 Schedule B(2) guideline on Data collection, sample design and
reporting (or equivalent) must be used to assist with the determination of the DQOs and the most appropriate
sampling pattern and density of sampling for the particular site under investigation. Reports provided will require
any sampling and analysis to be completed in accordance with a sampling and analysis quality plan (SAQP).

4.1 Preliminary site investigation

A preliminary site investigation report includes:
all past and present potentially contaminating activities
details of all potential contamination types
discussion of the site condition
preliminary assessment of the site contamination based on a basic sampling program to determine the
presence of contamination
an assessment of the need for further investigation.
An essential part of a preliminary site investigation is the preparation of a comprehensive site history to identify all
past and present potentially contaminating activities (including the potential for importation of contaminated fill).
Information obtained from the site history research should be used to assess the potential for contamination on the
site and determine the most appropriate locations for sampling.
Submissions must incorporate investigation of the entire real property description area of the site and not be limited
to the area of the notifiable activity. Only where a detailed, accurate and reliable site history is available may the
investigation be confined to known areas of contamination risk.

4.2 Detailed site investigation

A detailed site investigation is required when the results of a preliminary site investigation indicate potential or
actual contamination (i.e. levels above health investigation levels (HILs) or environmental investigation levels (EILs)
in Schedule B(1) guideline on the Investigation levels for soil and groundwater (ASC NEPM 1999), HSLs for
petroleum hydrocarbons in the CRC Care Health Screening Levels and Soil Asbestos Investigation Criteriaall
site uses (SAIC-all site uses) in the WA Asbestos Guidelines. The detailed site investigation should delineate the
lateral and vertical extent of contamination and provide information about:
maximum, distribution and average concentrations of the various contaminants
leachability and mobility of contaminants
the presence of any phase-separated hydrocarbons
potential for groundwater contamination
potential for volatile organic compound migration into indoor spaces
potential for adverse impacts on air quality on-site (e.g. asbestos)
possibility of off-site migration through soil, surface water, groundwater or air dispersal
potential impacts on public health, the environment and building structures.

13
The decision on how to proceed in the second stage of an investigation will be determined by site history, soil
morphology and the need to sample the natural ground in cases where fill material is present. The extent of fill
across the site should be delineated and representative samples collected from each fill type.
Close sample spacing is required when delineating a known zone of contamination. Where a point source of
contamination is identified, the extent and depth of the contaminated area needs to be defined by sampling, using
the site history to guide the type and density of sampling.
Surface and groundwater should be sampled where present if analysis of contaminant pathways suggests they
may have been impacted by contaminants from the site.
Some additional samples should be taken in areas not expected to be contaminated in order to establish local
background levels.
A RAP will be required to be implemented if the results of the detailed site investigation indicate that the site poses
unacceptable risks to human health or the environment (see section 4.3 below).

4.3 Health and environmental risk assessment and development of a remediation

action plan
The results from the site investigation should be used to determine the health and environmental risks in
accordance with the ASC NEPM 1999, the CRC Care Health Screening Levels and the WA Asbestos Guidelines.
When the results of a contaminated site investigation and risk assessment indicate that some remediation is
required before the site would be suitable for the current or proposed land use, a RAP will be required which
includes:
volumes of soil requiring remediation
remediation goals that ensure the remediated site(s) will be suitable for the proposed use and will pose no
unacceptable risk to human health or to the environment
details of procedures and plans to be implemented to reduce risks to acceptable levels for the proposed site use
environmental safeguards required to complete the remediation in an environmentally acceptable manner
identification and proof of the necessary approvals and licences required by regulatory authorities were
acquired, including soil disposal permits (full details regarding soil disposal permits are provided in Part 5 of this
guideline).
The presence of separate phase hydrocarbons and/or landfill gas requires careful consideration in regard to health,
environmental, fire and explosive risks. The presence of separate phase hydrocarbons and/or landfill gas will likely
necessitate active management to reduce any hazards.

4.4 Implementation of a remediation action plan and preparation of validation report

It is essential to validate that a site has been satisfactorily remediated according to the objectives identified in the
RAP. This is achieved by conducting a validation sampling program. Validation reports must document the
remediation works (including soil disposal locations and volumes, transport details, etc) and statistically confirm
that the site has been remediated according to the pre-determined remediation goals identified in the RAP. The
extent and density of sampling required will be established in accordance with the DQOs for the project.

5 Site management plans (SMPs)

SMPs are used to manage the environmental harm that may be caused by contamination of the land associated
with the use or development of, or activities carried out on the land.. In many instances contaminants may be
present on site (e.g. in deep soils below the ground) but, for the existing or proposed use, it may be more practical
and present less environmental and/or health risk for the contaminants to be safely managed on-site under
specified conditions. These conditions would form the body of a SMP for such a site. The legal requirements
related to the use and approval of SMPs are described in Chapter 7, Part 8, Division 5 of the EP Act.
Section 402 of the EP Act outlines the minimum requirements of a SMP as:
(a) A statement of the objectives to be achieved and maintained under the SMP.
(b) A statement of how the objectives are to be achieved and maintained.
(c) Provision for the monitoring and reporting of compliance with the SMP.

14
When preparing a SMP it is imperative that the requirements of (b) and (c) above are measurable by the site
operator and able to be reported against. If critical requirements are not expressed in a measurable format, the
administering authority will refuse the SMP, require another SMP or require additional information. It is also
necessary that a SMP outline the means by which the site and monitoring records can be accessed by authorised
officers for compliance assessment purposes. This necessity is consistent with the requirement for a SMP to make
provision for monitoring and reporting compliance with the plan as outlined above in section 402(c) of the EP Act.
In practice, sites managed by the use of a SMP are issued with a suitability statement which details the acceptable
uses and activities of the land (relating to exposure to the contamination) and the land remains on the EMR.
In cases of low risk contamination, the SMP may be a simple one or two page document with minimal conditions
relating to excavation and removal of the soil with a supporting plan describing the contamination. In cases
involving more significant contamination, the SMP may have more complex conditions including requirements for
monitoring groundwater and details on the construction and maintenance of underground containment cells.
Under section 403(2) and 404(c) of the EP Act, any draft SMP (including any amended draft SMP) which is
submitted for approval by a person who is not the land owner must be accompanied with a signed statement of
consent agreeing with the draft SMP (or amended draft SMP) from the land owner. The draft SMP (or amended
draft SMP) and statement of consent must include:
A full site description covered by the SMP, i.e. real property description and address
registered owner details. If the registered owner is a company the statement of consent must also include the
relationship of the person giving the consent to the company (e.g. Managing Director) and state that they are
authorised to give consent on behalf of the owner
the version of the draft SMP (or amended draft SMP) under a version control system. The SMP should include
details of a version control system that can be used for future amended draft SMPs.
A sample SMP template, with example management, monitoring and reporting actions is included in Appendix 3.

6 Presentation of analytical results and bore logs

Reports should follow the subject headings outlined in Appendix 2 of this guideline (reporting requirements
checklist). Analytical results and bore logs and test pit logs should be presented as per tables 6-A to 6-H and
Appendix 2 of the ASC NEPM 1999 Schedule B(2)guideline on data collection, sample design and reporting.

15
Part 5Contaminated soil disposal
1 Introduction
The purpose of soil disposal permits is to ensure that contaminated soil is not illegally disposed of and to ensure
that the disposal of soil does not lead to the creation of new contaminated sites. Under the EP Act land
holders/occupiers are responsible for any contaminated soil generated as a result of activities conducted on the
property. Under section 424 of the EP Act, contaminated soil must not be removed from sites listed on the EMR or
the CLR without a soil disposal permit.

2 When a disposal permit is required

The administering authority is committed to minimising the quantities of material (including contaminated soil)
disposed to landfill. However, soil cannot always be remediated on site to achieve the goals contained in a RAP
due to the: intractable nature of the contaminants and/or risk of environmental harm (including environmental
nuisance) being caused during remediation.
Section 424 of the EP Act requires that a disposal permit must be obtained from the administering authority before
removal of contaminated soil from land that is recorded on the EMR or CLR (either for off site treatment or
disposal). Disposal permits are issued for a specified volume of soil and stipulate the place of disposal/treatment
and any conditions relating to soil removal, treatment and disposal.
Application for a disposal permit must be made and approval obtained before the contaminated soil is removed
from site. In normal circumstances, when work is being conducted to remediate a site, a disposal permit is not
considered until a site investigation report has been assessed. When a notifiable activity is ongoing, however, a
site investigation report is not required.

3 Applying for a disposal permit

An application for a disposal permit must include:
a completed Part AGeneral details for all applicants form
a completed Part BApplication for contaminated soil disposal permit form
copy of certificate of title of site from which the soil is to be removed
copy of certificate of title of receiving site (only if soil is not going to an approved landfill)
copies of all laboratory reports of soil analyses and leachate testing results (the nominal sampling frequency for
stockpiles is at least one representative sample per 50 cubic metres (m3) for off site disposal, however, a site
specific sampling rate may be established for large quantities of soil requiring off site disposal (>1000 m3) where
the sampling rate may be reduced subject to an assessment in relation to the 95 per cent upper confidence
limits (UCL) for the soil)
written acceptance of the soil from the owner of the disposal site, stipulating any conditions to be placed on the
disposal and providing information which demonstrates that the soil may be accepted under EP Act
development approval conditions
plan showing location of sampling sites in relation to contamination source
a completed notification form (if site is not already listed on the EMR or CLR).
In situations where a site investigation report has already been lodged with the administering authority, duplication
of information already provided in the site investigation report is not required to be resubmitted. When completing
the application for disposal permit form, reference may be made to the relevant pages of the report previously
submitted.

16
4 Deciding an application for a disposal permit
When deciding whether to grant or refuse an application for a disposal permit, the administering authority, as the
administering authority, must consider the standard criteria contained in Schedule 4 of the EP Act. In regard to
contaminated soil disposal permits, the following are critical considerations under the standard criteria:
the waste and resource management hierarchy and waste reduction targets for waste disposed to landfill under
the Queensland Waste Reduction and Recycling Strategy 20102020 (the strategy)
the hierarchy of remediation options contained in the ASC NEPM 1999.

4.1 Waste reduction targets

The strategy has set targets for the reduction of waste generation and disposal. The targets from the strategy are
set out below in Table 1.

Table 1 Waste reduction targets 2008 to 2020

Key targets and dates

Target 2008 baseline By 2014 By 2017 By 2020

Reduce waste disposal to Business-as- Reduce landfill Reduce landfill Reduce landfill
landfill, compared to usualno disposal by 25% disposal by 40% disposal by 50%
business-as-usual strategy 2.4 million 9.9 million 16.3 million
projections tonnes of tonnes of tonnes of
avoided landfill additional additional
disposal since avoided landfill avoided landfill
2010 disposal since disposal since
2014 2017

Increase recycling of 35% 50% 60% 75%

construction and
demolition waste

The waste reduction targets apply to all waste streams, including contaminated soil, and are considered by the
administering authority when making decisions on disposal permits.

4.2 Waste and resource management hierarchy

The implementation of the strategys waste management hierarchy, as shown in Figure 1, is fundamental to the
management of contaminated sites. Not only would tier one of the strategy require a reduction in the generation of
contaminated soil for current potentially contaminating activities (as outlined in Part 2 of this guideline), it also
requires that soil be treated and reused on site in preference to disposal which is the last option in the hierarchy.

17
Figure 1 Waste management hierarchy

4.3 Soil treatment and the ASC NEPM 1999 hierarchy of remediation options
The strategys waste management hierarchy is also consistent with the hierarchy of remediation options contained
in the ASC NEPM 1999. Under the ASC NEPM 1999, the following preferences apply:
if practicable, onsite treatment of the contamination so that it is destroyed or the associated risk is reduced to an
acceptable level
off-site treatment of excavated soil, so that the contamination is destroyed or the associated risk is reduced to
an acceptable level, after which soil is returned to the site.
If the above are not practicable then:
consolidation and isolation of the soil on site by containment with a properly designed barrier
removal of contaminated material to an approved site or facility, followed, where necessary, by replacement with
appropriate material
or:
where the assessment indicates remediation would have no net environmental benefit or would have a net
adverse environmental effect, implementation of an appropriate alternative management strategy.

4.3 Soil separation

Best practice environmental management under the standard criteria requires the separation of highly
contaminated and leachable soils, less contaminated soils and uncontaminated soils. During Stage 2Detailed
site investigation, the full extent of contamination should be delineated before any excavation is commenced.
Separation will reduce the volumes requiring specific treatment and significantly reduce the disposal costs
associated with highly contaminated soil.
Under no circumstances should contaminated and uncontaminated soils be combined in an effort to
reduce contaminant concentrations by dilution; this is not an acceptable remediation strategy.

18
References
ANZECC, 1999, Guidelines for the Assessment of On-Site Containment of Contaminated Soil, Australian and New
Zealand Environment and Conservation Council, Canberra, viewed 1 August 2012,
http://www.ephc.gov.au/sites/default/files/ANZECC_GL__Assessment_and_Mgt_of_Contaminated_Sites_199201_
Hist_0.pdf.
ANZECC & NHMRC, 1992, Australian and New Zealand Guidelines for the Assessment and Management of
Contaminated Sites, Australian and New Zealand Environment and Conservation Council and the National Health
and Medical Research Council, Canberra, viewed 1 August 2012,
http://www.ephc.gov.au/sites/default/files/ANZECC_GL__Assessment_of_on_site_containment_contaminated_soil.
pdf.
CCME, 2008, Canada-Wide Standard for petroleum hydrocarbons (PHC) in soil, Canadian Council of Ministers of
the Environment, Winnipeg, viewed 1 August 2012, http://www.ccme.ca/assets/pdf/phc_standard_1.0_e.pdf.
DoH and DEC, 2009, Guidelines for the Assessment, Remediation and Management of Asbestos-Contaminated
Sites in Western Australia, Environmental Health Directorate, Perth, viewed 1 August 2012,
http://www.public.health.wa.gov.au/cproot/3763/2/Guidelines%20for%20Asbestos-Contaminated%20Sites%20-
%20May%202009.pdf.
Ecologically Sustainable Development Steering Committee, 1992, National Strategy for Ecologically Sustainable
Development, Department of Sustainability, Department of Sustainability, Environment, Water, Population and
Communities, Canberra, viewed 1 August 2012,
http://www.environment.gov.au/about/esd/publications/strategy/index.html.
Edwards, J.W., Van Alphen, M and Langley, A, 1994, Identification and Assessment of Contaminated Land
Improving Site History Appraisal. Contaminated Sites Monograph Series, No. 3, SA Health Commission, Adelaide.
El Saadi, O and Langley, A, 1991, The Health Risks Assessment and Management of Contaminated Sites:
Workshop Proceedings of the National Workshop on the Health Risk Assessment and Management of
Contaminated Sites, SA Health Commission, Adelaide.
Friebel, E and Nadebaum, P, 2011, Health Screening Levels for Petroleum Hydrocarbons in Soil and Groundwater,
CRC CARE Technical Report no. 10, CRC for Contamination Assessment and Remediation of the Environment,
Adelaide, Australia, viewed 1 August 2012,
http://www.crccare.com/publications/technical_reports/hsl_tech_report.html
Langley, A, Markey, B and Hill, H, 1996, The Health Risk Assessment and Management of Contaminated Sites:
Proceedings of the Third National Workshop on the Health Risk Assessment and Management of Contaminated
Sites. Contaminated Sites Monograph Series, No. 5, SA Health Commission, Adelaide.
Langley, A and Van Alphen, M, 1993, The Health Risk Assessment and Management of Contaminated Sites:
Proceedings of the Second National Workshop on the Health Risk Assessment and Management of Contaminated
Sites. Contaminated Sites Monograph Series No. 2, SA Health Commission, Adelaide.
NEPC, 1999a, National Environment Protection (Assessment of Site Contamination) Measure, Environment
Australia, Canberra, viewed 1 August 2012, http://www.ephc.gov.au/taxonomy/term/44.
NEPC, 1999b, National Environment Protection (Assessment of Site Contamination) Measure Schedule B(1)
Guideline on the Investigation Levels for Soil and Groundwater, Environment Australia, Canberra, viewed 1 August
2012, http://www.ephc.gov.au/taxonomy/term/44.
NEPC, 1999c, National Environment Protection (Assessment of Site Contamination) Measure Schedule B(2)
Guideline on Data Collection, Sample Design and Reporting, Environment Australia, Canberra, viewed 1 August
2012, http://www.ephc.gov.au/taxonomy/term/44.
NEPC, 1999d, National Environment Protection (Assessment of Site Contamination) Measure Schedule B(4)
Guideline on Health Risk Assessment Methodology, Environment Australia, Canberra, viewed 1 August 2012,
http://www.ephc.gov.au/taxonomy/term/44.
NEPC, 1999e, National Environment Protection (Assessment of Site Contamination) Measure Schedule B(5)
Guideline on Ecological Risk Assessment, Environment Australia, Canberra, viewed 1 August 2012,
http://www.ephc.gov.au/taxonomy/term/44.
NEPC, 1999f, National Environment Protection (Assessment of Site Contamination) Measure Schedule B(6)
Guideline on Risk Based Assessment of Groundwater Contamination, Environment Australia, Canberra, viewed 1
August 2012, http://www.ephc.gov.au/taxonomy/term/44.
NEPC, 1999g, National Environment Protection (Assessment of Site Contamination) Measure Schedule B(7A)

19
Guideline on Health-Based Investigation Levels, Environment Australia, Canberra, viewed 1 August 2012,
http://www.ephc.gov.au/taxonomy/term/44.
NEPC, 1999h, National Environment Protection (Assessment of Site Contamination) Measure Schedule B(7B)
Guideline on Exposure Scenarios and Exposure Settings, Environment Australia, Canberra, viewed 1 August 2012,
http://www.ephc.gov.au/taxonomy/term/44.
NEPC, 1999i, National Environment Protection (Assessment of Site Contamination) Measure Schedule B(8)
Guideline on Community Consultation and Risk Communication, Environment Australia, Canberra, viewed 1
August 2012, http://www.ephc.gov.au/taxonomy/term/44.
NEPC, 1999j, National Environment Protection (Assessment of Site Contamination) Measure Schedule B(9)
Guideline on Protection of Health and the Environment During the Assessment of Site Contamination, Environment
Australia, Canberra, viewed 1 August 2012, http://www.ephc.gov.au/taxonomy/term/44.
NEPC, 1999k, National Environment Protection (Assessment of Site Contamination) Measure Schedule B(10)
Guideline on Competencies and Acceptance of Environmental Auditors and Related Professionals, Environment
Australia, Canberra, viewed 1 August 2012, http://www.ephc.gov.au/taxonomy/term/44.
Olszowy, H, Torr, P and Imray, P, 1995, Trace Element Concentrations in Soils from Rural and Urban Areas of
Australia, Contaminated Sites Monograph Series No. 4, SA Health Commission, Adelaide.
Standards Australia, 1999, Australian Standard, Guide to the Sampling and Investigation of Potentially
Contaminated Soil Part 2: Volatile Substances. AS 4482.2 1999, Standards Australia, Homebush.
Standards Australia, 2005, Australian Standard, Guide to the Investigation and sampling of Sites with Potentially
Contaminated Soil Part 1: Non-volatile and Semi-volatile Compounds. AS 4482.1 2005, Standards Australia,
Homebush.

Legislation
Environmental Protection Act 1994, http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/E/EnvProtA94.pdf
Environmental Protection Regulation 2008,
http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/E/EnvProtR08.pdf
Sustainable Planning Act 2009, http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/S/SustPlanA09.pdf
Sustainable Planning Regulation 2009, http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/S/SustPlanR09.pdf
Waste Reduction and Recycling Act 2011,
http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/W/WasteRedRecA11.pdf
EHP publications
DERM, 2010a, Enforcement Guidelines, Department of Environment and Resource Management, Brisbane.
DERM, 2010b, Operational Policy, Third Party Reviewer Terms of Reference, Department of Environment and
Resource Management, Brisbane.
DERM, 2011, Guideline - The Duty to Notify of Environmental Harm, Department of Environment and Resource
Management, Brisbane.
EHP, in prep (a), Factsheet 6: How to search the EMR and CLR, Department of Environment and Heritage
Protection, Brisbane.
EHP, in prep (b), Factsheet 7: Results of a search of the ERM and CLR, Department of Environment and Heritage
Protection, Brisbane.
EHP, in prep (c), Factsheet 2: Notifiable activities, Department of Environment and Heritage Protection, Brisbane.
EHP, in prep(d), Assessing qualified persons according to sections 381, 395 and 410 of the Environmental
Protection Act, Brisbane.

20
 Guideline for contaminated land professionals

Appendix 1Contaminated land assessment process

Remove from
EMR/CLR

Stage 1 Is there enough Stage 2

Assessment trigger Is site
No Yes information to No
Site Investigation contaminated? Site Investigation
devise
(preliminary) conducted management (detailed) conducted
and report prepared strategies? and report prepared

Yes

Can
Remove from Is site Site Management
No Yes contamination Yes
EMR/CLR contaminated? Plan developed and
be managed
without implemented
remediation?

No

Stage 3

Remediation Action
Plan Developed

Stage 4

Remediation Action Plan

implemented and Validation
Report prepared

21
 Guideline for contaminated land professionals

Appendix 2Reporting requirements checklist

The following checklist 3 has been adopted from that contained in the guidelines for consultants reporting on
contaminated sites developed by the NSW Office of Environment and Heritage. This checklist will assist in a
uniform approach to reporting on contaminated land and ensuring all environmental issues have been addressed
satisfactorily.
The following checklist should be used in conjunction with the objectives of each investigation stage.
Each report section in the checklist indicates if that section needs to be included in each of the types of report.
Inclusion or exclusion of the section is indicted as follows:
a checkmark (9) indicates that the corresponding heading or subject should be included
an S indicates that a summary will be adequate if detailed information has been included in a previous report
an R indicates that readily available information should be included
an N indicates the section should be included only if no further site investigation is contemplated
N/A indicates that the report heading or subject is not applicable and may be omitted.
Under each section, for example executive summary a further comprehensive list of all headings and subjects that
can be included in that section in any of the reports.

Report sections and Preliminary site Detailed site Development of Preparation of

information to be included investigation investigation remediation action validation report
plan

Executive summary 9 9 9 9

Background
Objectives of the investigation
Scope of works
(Where appropriate) a summary of sampling results in tabulated format containing minimum, maximum,
arithmetic mean and 95 per cent upper-confidence limit on arithmetic mean for each analyte
Summary of conclusions and recommendations.

Scope of work 9 9 9 9

A clear statement of the scope of work.

Site identification 9 9 9 9

Street number, street name and suburb

Lot number and registered plan number
Geographic coordinates related to a nearby cadastral corner of a state survey control marker (where the
contamination is limited to a portion of a lot)
Locality map
Current site plan with scale bar, showing north, lot on plan boundaries, local water drainage and other local
environmentally significant features.

3
This material is reproduced with minor amendment with the permission of Department of Environment and
Heritage, New South Wales.

22
Report sections and Preliminary site Detailed site Development of Preparation of
information to be included investigation investigation remediation action validation report
plan

Site history 9 9 (S) 9 (S) 9 (S)

Zoningprevious, present and proposed

Land useprevious, present and proposed
Summary of council rezoning, relevant development and building approvals records
Chronological list of site users, indicating information gaps and unoccupied periods
Review of aerial photographs
Site photographs (with date and location indicated on site maps)
Inventory of chemicals and wastes associated with site use and their on-site storage location
Possible contaminant sources and potential off-site effects
Site layout plans showing present and past industrial processes
Sewer and service plans
Description of manufacturing processes
Details and locations of current and former underground and above ground storage tanks
Product spill and loss history
Discharges to land, water and air
Disposal locations
Filling history (where applicable)
Relevant complaint history
Local site knowledge of residents and staffboth present and former
Summary of local literature about the site, including newspaper articles
Details of building and related permits, licences, approvals and trade waste agreements
Historical use of adjacent land
Local usage of ground/surface waters, and location of bores/pumps.

Site condition and 9 9 (S) 9 (S) 9 (S)

surrounding environment

Integrity assessment (assessment of the accuracy of information).

Topography
Conditions at site boundary such as type and condition of fencing, soil stability and erosion
Visible signs of contamination such as discolouration or staining of soil, bare soil patchesboth on-site and
off-site adjacent to site boundary
Visible signs of plant stress
Presence of drums, wastes and fill material
Odours
Condition of buildings and roads
Quality of surface water
Flood potential

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Report sections and Preliminary site Detailed site Development of Preparation of
information to be included investigation investigation remediation action validation report
plan
Details of any relevant local sensitive environmente.g. rivers, lakes, creeks, wetlands, local habitat areas,
endangered flora and fauna.

Geology and hydrogeology R 9 9 (S) 9 (S)

Soil stratigraphy using recognised classification methods, e.g. AS1726, Unified Soil Classification Table
Location and extent of imported and locally derived fill
Site borehole logs or test pit logs showing stratigraphy
Detailed description of the location, design and construction of on-site wells
Description and location of springs and wells in the vicinity
Depth to groundwater table
Direction and rate of groundwater flow
Details of any separate phase organic chemicals
Direction of surface water runoff
Background water quality
Preferential water courses
Summary of local meteorology.

Sampling and analysis plan R 9 N/A 9

and sampling methodology

Sampling, analysis and data quality objectives (DQOs)

Rationale for the selection of:
o Sampling pattern
o Sampling density including an estimated size of the residual hot spots that may remain undetected
o Sampling locations including locations shown on a site map
o Sampling depths
o Samples for analysis and samples not analysed
o Analytical methods
o Analytes for samples.
Detailed description of sampling methods including:
Sample containers and type of seal used
Sampling devices and equipment e.g. auger type
Equipment contamination procedures
Sampling handling procedures
Sample preservation methods and recognised protocols, e.g. APHA or US EPA SW 846
Detailed description of field screening protocols.

Field quality assurance and 9 (N) 9 N/A 9 (N)

quality control (QA/QC)

Details of sampling team

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Report sections and Preliminary site Detailed site Development of Preparation of
information to be included investigation investigation remediation action validation report
plan
Decontamination procedures carried out between sampling events
Logs for each sample collectedincluding time, location, initials or sampler, duplicate locations, duplicated
type, chemical analyses to be performed, site observations and weather conditions
Chain of custody fully identifyingfor each sample, the sampler, nature of the sample, collection date,
analyses to be performed, sample preservation method, departure time from the site and dispatch courier(s)
Sample splitting techniques
Statement of duplicate frequency
Field blank results
Background sample results
Rinsate sample results
Laboratory-prepared trip spike results for volatile analytes
Trip blank results
Field instrument calibrations (when used).

Laboratory QA/AC 9 (N) 9 N/A 9

A copy of signed chain of custody forms acknowledging receipt date and time and identity of samples included
in shipments
Record of holding times and a comparison with method specifications
Analytical methods used
Laboratory accreditation for analytical methods used
Laboratory performance in inter-laboratory trail for the analytical methods used, where available
Description of surrogates and spikes used
Percent recoveries of spikes and surrogates
Instrument detection limit
Matrix of practical quantification limits
Standard solution results
Reference sample results
Reference check sample results
Daily check sample results
Laboratory duplicate results
Laboratory blank results
Laboratory standard charts.

QA/QC data evaluation 9 (N) 9 N/A 9

Evaluation of all QA/QC information listed above against the stated DQOs including a discussion of:
o Documentation completeness
o Data completeness
o Data comparability (see next point)
o Data representativeness

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Report sections and Preliminary site Detailed site Development of Preparation of
information to be included investigation investigation remediation action validation report
plan
o Precision and accuracy for both sampling and analysis for each analyte in each environmental matrix
informing data users of the reliability, unreliability or qualitative value of the data.
Data comparability checks, which should include e.g. bias assessment, which may arise from various sources,
including:
o Collection and analysis of samples by different personnel
o Use of different methodologies
o Collection and analysis by the same personnel using the same methods but at different times
o Spatial and temporal changes (because of the environmental dynamics).
Relative percent differences for intra- and inter-laboratory duplicates.

Basis for assessment 9 9 9 9

criteria

Table listing all selected assessment criteria and references

Rationale for and appropriateness of the selection of criteria
Assumptions and limitations of criteria.

Results 9 9 9 9

Summary of previous results, if appropriate

Summary of all results, in a table that:
o Shows all essential details such as sample numbers and sampling depth
o Shows assessment criteria
o Highlights all results exceeding the assessment criteria
Site plan showing all sample locations, sample identification numbers and sampling depths
Site plan showing the extent of soil and groundwater contamination exceeding selected assessment criteria
for each sampling depth.

Risk Assessment 9 9 9 9

Assessment of type of all environmental contamination, particularly soil and groundwater

Assessment of extent of soil and groundwater contamination, including off-site effects
Assessment of the chemical degradation products
Assessment of possible exposure routes and exposed populations (human, ecological).

Remediation action plan N/A N/A 9 9 (S)

Remediation goal
Discussion of the extent of remediation work required
Discussion of possible remediation options and how risk can be reduced
Rationale for the selection of recommended remedial option
Proposed testing to validate the site after remediation
Contingency plan if the selected remedial strategy fails

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Report sections and Preliminary site Detailed site Development of Preparation of
information to be included investigation investigation remediation action validation report
plan
Site preparation plan (before remediation) including, e.g. fencing, erection of warning signs, stormwater
diversion
RAP (operation phase):
o Site stormwater management plan
o Soil management plan
o Noise control plan
o Dust control plan, including wheel wash (where applicable)
o Odour control plan
o Occupational health and safety plan.
Remediation schedule
Hours of operation
Contingency plans to respond to site incidents, to obviate potential effects on surrounding environment and
community
Identification of regulatory compliance requirements such as licences and approvals
Names and phone numbers of appropriate personnel to contact during remediation
Community relations plans, where applicable
Staged progress reporting, where appropriate
Long-term site management plan (where required).

Validation N/A N/A N/A 9

Rationale and justification for the validation strategy including:

o Clean-up criteria and statistically based decision-making methodology
o Validation sampling and analysis plan
Details of a statistical analysis of validation results and evaluation against the clean-up criteria
Verification of compliance with regulatory requirements.

Ongoing site monitoring N/A N/A N/A 9

Ongoing site monitoring requirements (if any), including monitoring parameters and frequency
Results of monitoring analyses including all relevant QA/QC reporting requirements stated above
Ongoing site/equipment maintenance, e.g. containment cap integrity
Details of party(ies) responsible for maintenance and monitoring program.

Conclusions and 9 9 9 9
recommendations

Brief summary of all findings

Assumptions used in reaching the conclusions
Extent of uncertainties in the results
Where remedial action has been taken, a list summarising the activities and physical changes to the site
A clear statement that the SQP considers the subject site to be suitable for the proposed use (where
applicable) with a draft Site Management Plan included

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Report sections and Preliminary site Detailed site Development of Preparation of
information to be included investigation investigation remediation action validation report
plan
A statement detailing all limitations and constraints on the use of the site (where applicable)
Recommendation for further work, if appropriate.

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Appendix 3Sample draft site management plan
Draft site management plan
Real property description: [INSERT LOT AND PLAN DETAILS]
Address: [INSERT ADDRESS OF SITE]
Version: [INSERT VERSION NUMBER UNDER A VERSION CONTROL SYSTEM]
Date of effect: [INSERT DATE OF EFFECT]
1.0 Summary of contamination
Include a brief summary of the site including its history of use and contamination.

Example summary:
The site was part of XXX and historical site photographs with anecdotal evidence shows it to have been vacant
since the deed of grant and only being used for various recreational purposes. The western part of the site
appears to have been filled between 1960 and 1980. The site is currently vacant and laid to grass. The
potentially contaminated part of the site covers an area of approximately 2550 m2 and covers part of a single lot
described as Lot XXX on XXX. The site layout and area to be managed is shown on the attached Figure 1.
Investigations have identified metal contaminated fill present at the site (cadmium, copper, lead, zinc and
mercury). The contaminated fill generally covers the western and southern part of the site and extends to a
maximum depth of approximately seven metres below ground level at the high point of the site.
The following maximum levels of contaminants identified on the site were:

Analyte Maximum concentration (mg/kg)

Cadmium 54

Copper 620

Lead 2220

Zinc 2800

Mercury 61

2.0 Objectives of the site management plan (SMP)

Include a high level objective that will be achieved when the actions stated in sections 3.0 and 4.0 below are
undertaken.

Example objective:
The objectives to be achieved under this site management plan (SMP) are to manage the contamination during
site redevelopment in a manner which protects human health and the environment.

3.0 Management actions

Include details of actions to be taken to ensure the objectives in 2.0 above are being achieved. It is imperative that
any actions critical to the management of the contamination under this section are measurable and able to be
reported against.
The following are example management actions (note: these are only examples and not necessarily a complete list
of actions that could or should be taken in particular situations).

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3.1 Site use

Example site use entry:

As of [INSERT DATE] the site is currently vacant ground. The site is suitable for commercial/industrial uses
including premises such as shops and offices as well as factories and industrial sites. The site will not be used
for purposes other than commercial/industrial.

3.2 Site capping

Example site capping entry:

Until remediation works commence, an uncontaminated capping layer consisting of the existing surface cover or
equivalent cover (including grass cover) will be maintained over the entire site as a barrier between the
contamination and site users. The capping layer will be maintained in sound condition at all times.

3.3 Service trenches

Example service trenches entry:

All underground services will be constructed in either uncontaminated material or in trenches in which the
services are surrounded by a minimum of [INSERT NUMBER] m of uncontaminated fill for minor services
(<100 mm in diameter) and [INSERT NUMBER] m of uncontaminated fill for services greater than 100 mm in
diameter.

3.4 Soil excavation and removal

Example soil excavation and removal entry:

If during any site earthworks or excavation, offensive or noxious odours and/or evidence of gross contamination
not previously detected is observed, site works will cease in that area and action will be taken to immediately
abate the potential for environmental harm.
Site works will not recommence until approval to recommence is received from the administering authority.
Any identified contaminated soil will be excavated in accordance with the attached RAP.
Removal and disposal of contaminated soil will only be undertaken after approval is granted by the
Administering Authority in accordance with s. 424 of the EP Act.

4.0 Monitoring and reporting actions

Include details of monitoring and reporting to be undertaken to confirm the objectives in 2.0 above are being
achieved. It is imperative that any actions critical to the management of the contamination under this section are
measurable and able to be reported against.
The following are example monitoring and reporting actions (note: these are only examples and not necessarily a
complete list of actions that could or should be taken in particular circumstances). In most circumstances EHP will
not approve a SMP if the means by which authorised persons may access the site and monitoring records for
compliance purposes is not clearly laid out.
4.1 Soil monitoring

Example soil monitoring entry:

Prior to excavation works on site (including areas not already known to be contaminated), soil will be assessed
for the contaminants of concern (refer to section 1.0 above) to determine if the proposed excavation material is
contaminated.

4.2 Groundwater monitoring

Example groundwater monitoring entry:

Ground water samples will be taken from monitoring well/s [INSERT DETAILS OF WELL/S] not less than
[INSERT REGULARITY] from the effective date of this SMP and analysed for concentrations of cadmium,
copper, lead, zinc and mercury.

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4.3 Site excavations

Example site excavations entry:

Records will be kept of all soil excavation on site including details of relevant disposal permits.

4.3 Site inspections

Example site inspections entry:

A biennial inspection will be undertaken to ensure that capping and protective barriers remain in sound condition
in accordance with 3.2. The biennial period will commence from the effective date of this SMP.

4.3 Notification

Example notification entry:

The administering authority will be notified in writing within two business days of detection of any previously
undetected contamination and advised of proposed remedial action.

4.4 Administering authority access

Example administering authority access entry:

Authorised persons under the EP Act will be permitted access to non-residential areas of the site to collect
environmental samples and assess compliance with this SMP.
Note: to gain access to the site authorised persons will negotiate access at a reasonable and mutually agreed
time with the site manager, [INSERT CONTACT DETAILS].

4.5 Monitoring records

Any monitoring results and records of inspections in relation to this SMP will be kept for at least seven years and
made available to the administering authority upon request within 24 hours.
4.6 Version control system

Include details of any version control system to be used for amendments to this draft SMP.

31