Dear List
Readers may be interested in revised guidance on the reporting, regulation and mandatory disclosure of information relating to contaminated sites. Sorry to temper your excitement but the guidance only applies in Western Australia!
http://www.linkedin.com/redir/redirect?url=http%3A%2F%2Fwww%2Eder%2Ewa%2Egov%2Eau%2Fimages%2Fyour-environment%2Fcontaminated-sites%2FId_Reporting_and_classification_of_CS_DRAFT_150819%2Epdf&urlhash=dYbV&_t=tracking_anet
The revised guidance, which updates and consolidates 2006 guidance documents, sets out the statutory requirement for polluters, owners/occupiers, and Auditors (aka SQPs?) to report known or suspected contaminated sites, and sets out the requirement for mandatory disclosure in all property transactions, with significant financial penalties for non-compliance (up to $250k individuals - $5M corporates).
The WA Contaminated Sites Act 2003 has been in force since 2006, and with a team of only 13 officers has assessed and classified (i.e. determined) 20,207 sites, of which 3812 sites require either further investigation or remediation works, and 6450 sites where voluntary decontamination has been secured. Contamination (soil, groundwater, ground-gas, asbestos and radiation) at the remaining sites is managed through statutorily enforced institutional controls (i.e. restrictions on use) which allow some continued development and use, subject to certain prescribed and enforced restrictions.
Interestingly, only one enforcement Notice has ever been served under the scheme. This remarkably low number has been attributed to the mandatory reporting and disclosure requirements and penalties enshrined in the Act, which focuses the polluters and landowners minds on maximising their asset value by securing effective clean up, without the need to pursue unnecessary, expensive and largely fruitless litigation - Win,Win,Win!
Best wishes as always,
David E Jackson (sometime Australian)
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