The Contaminated Sites Act 2003 (WA) establishes the legal framework for identifying, reporting, classifying and remediating contaminated land in Western Australia. Failure to comply can cause significant stress for landowners, developers and environmental professionals.
Our contaminated land team has vast experience advising mining, agricultural and other businesses on how to comply with regulations.
In this article, we outline how you can stay compliant with The Act and with the Department of Water and Environmental Regulation (DWER). If you would prefer to speak directly with a member of our team, you can contact us at sam@westsoilandwater.com.au or call 0424 021 264.
Contaminated land is land that contains substances such as:
Heavy metals
Asbestos
Hydrocarbons
Chemicals
These substances are held at concentrations that present a risk to human health, the environment or the viability of surroundings land. They may be present in the soil, groundwater, surface water or even in building materials on the site.
In Western Australia, contamination is typically the result activities such as fuel storage, manufacturing or the use of hazardous materials during construction.
Importantly, a site does not need to pose an immediate danger to be considered contaminated. Under the Contaminated Sites Act 2003, contamination also includes sites where hazardous substances are present at levels that may cause future harm if not managed appropriately.
Under Section 11 of the Act, certain individuals and entities are legally obligated to report known or suspected contaminated sites to DWER. This includes:
Landowners and occupiers
Persons who caused or contributed to the contamination
Auditors conducting site assessments
Reports must be submitted within 21 days of becoming aware of the contamination. Failure to report can result in penalties of up to $250,000, with additional daily fines for ongoing non-compliance.
Once a site is reported, DWER assesses and classifies it based on the level of contamination and associated risks. Classifications include:
Contaminated – Remediation Required
Contaminated – Restricted Use
Remediated for Restricted Use
Possibly Contaminated – Investigation Required
DWER will notify relevant parties of the classification and any associated restrictions or obligations.
When selling or leasing land classified as contaminated, landowners must disclose this to prospective buyers or lessees. This involves submitting appropriate forms to the prospective party and DWER at least 14 days before the transaction.
Failure to disclose can lead to penalties up to $125,000 and additional daily fines.
The Act outlines a hierarchy of responsibility for remediating contaminated sites:
The person who caused or contributed to the contamination
The owner or occupier who changed the land use
The current landowner, if the responsible party cannot be identified
Remediation must meet standards appropriate for the land’s current or intended use. If you are unsure about the remediation method best suited to your site and project, you can contact us.
If DWER is unsatisfied with the reporting and remediation efforts carried out on your site, it may issue various notices to enforce compliance:
Investigation Notices
Clean-Up Notices
Hazard Abatement Notices
Recipients must comply with the requirements of these notices. Non-compliance can result in fines and legal action.
A firm understanding of the Contaminated Sites Act 2003 and other building regulations for contaminated land puts landowners and developers in the best position to get the most out of their site.
Proactive compliance:
Keeps your project on track and avoids delays
Mitigates financial and legal risks
Protects public health and the environment
At West Soil & Water, our team of contaminated land consultants has nearly 15 years of experience assisting WA businesses with their compliance.
If you would like to speak with us, you can contact WSW at sam@westsoilandwater.com.au or call 0424 021 264.
