Western Australia’s Contaminated Sites Act 2003 requires landowners, occupiers and certain public authorities to report known or suspected contamination to the Department of Water and Environmental Regulation (DWER).
Although an important safeguard for human and environmental health, the reporting process can be tricky and complex. Many developers are unsure what they have to provide, what happens after they report and how it will affect their project.
As one of WA’s leading contaminated land companies, West Soil & Water can advise on DWER reporting and act as your representative during discussions. In this article, we outline our services and what you can expect working with regulators.
Under the Act, reporting is mandatory if you know or reasonably suspect contamination:
Has, or is likely to have, an adverse effect on human health, the environment or environmental values
May restrict the use of land or water for its current or intended purpose
Has the potential to migrate beyond site boundaries
Failure to report can lead to fines, stop-work notices and other penalties, so it is important to stay of top of your obligations and manage risks transparently.
When you submit a report to DWER, it needs to address 4 key areas:
Site details: This includes the address, land use and ownership.
Nature of contamination: List all of the suspected or identified contaminants (such as hydrocarbons, heavy metals or asbestos).
Extent: State whether contamination is confined to soil, groundwater or building materials or if it has spread further.
Source of information: Explain what methods and documents were used to identify contamination (e.g. environmental assessment, observation, historical records).
This is the information DWER uses the make an initial classification of the site. Your classification guides the levels of investigation, management and/or contaminated land remediation you will have to undertake.
Having reviewed your report, DWER will assign one of several possible site classifications, including:
Reported but not investigated: Where contamination is suspected, but more information is needed.
Possibly contaminated – investigation required: Where further studies are needed to confirm risks.
Contaminated – restricted use: Where contamination is confirmed, but land use may continue under certain conditions.
Contaminated – remediation required: Where land remediation or clean-up is necessary before the site can be safely used.
Every site has it’s classification recorded on the Contaminated Sites Database. This is a publicly accessible forum that could influence property transactions or development approvals, another reason why it is important to carry out treatment works.
Depending on how a site is classified, DWER may request:
A Preliminary Site Investigation (PSI) to establish site history and contamination sources.
A Detailed Site Investigation (DSI) with soil, groundwater and vapour sampling to confirm the extend of contamination.
Remediation or management actions to mitigate risks.
Ongoing monitoring and reporting (this is particularly common where contamination cannot be fully removed).
Unfortunately, these processes can take time. Communicating clearly with officials and working alongside a soil remediation company are important steps in avoiding further delays or misunderstandings.
At WSW, we assist clients through each step of land management and can help you develop clear, concise reporting that minimises the risk of delay. Our team offer:
Reporting Preparation: We’ll ensure your report includes all of the required information, reducing back-and-forth with regulators.
Site Investigations: Our team can conduct PSIs and DSIs to provide reliable data for site classification.
Remediation Planning: WSW develops cost-effective strategies to meet regulatory requirements and project goals.
Regulatory Liaison: Our staff can act as your representatives in discussions with DWER, ensuring technical findings are clearly communicated.
Working with a contaminated land company like WSW, site owners and developers can navigate regulatory systems with confidence, knowing that compliance requirements are being met and risks are being managed proactively.
Reporting contamination to DWER is more than just a regulatory obligation. It’s also a responsibility that safeguards public health, protects the environment and enables sustainable land use.
The reporting process may feel complex, but West Soil & Water is here to give you the right information and support that makes it manageable.
Our consultants have over a decade of experience conducting investigations and working with DWER on practical treatment solutions. Get in touch to discuss you site and see how we can help you navigate the regulatory landscape.
