The Environment Protection Act 2017 (the Act) requires certain types of contaminated land to be notified to EPA. The duty to notify of contaminated land requires a person in management or control of land with prescribed contamination to notify EPA.  Outlined below is the procedure for submitting a contaminated land notification to EPA.

EPA has released a guideline to help you understand the duty to notify of contaminated land. Refer to the Guide to the duty to notify of contaminated land (EPA publication 2008).

As part of the duty to notify of contaminated land you need to provide information on your management response. The management response relates to how you are meeting your duty to manage contaminated land. For guidance on the duty to manage refer to the Guide to the duty to manage contaminated land (EPA publication 1977).

Persons authorised to submit a notification

EPA must be satisfied that a person is authorised to make a notification on behalf of the duty holder.
 
Authorised persons must:
  • have read the Guide to the duty to notify of contaminated land  (Publication 2008.2 )
  • have management control of the land that is the source of the contaminant
  • be the owner or a staff member of the business, or
  • a consultant or contractor engaged by the owner to complete the contaminated land notification on their behalf.
 

Process for notification of contaminated land

Under Section 41 of the Act, notifications must be provided in a manner and form approved by EPA. Submission of a notification is done through EPA portal accessed via the EPA website.

The Contaminated Land Notification (CLN) system has been upgraded to be easier, more automated and user friendly. Please see the instructions below.

Using the EPA portal to notify

For assistance call EPA on 1300 372 842.

What to expect following notification

After submitting the notification, you can expect:

  • An automated acknowledgement / receipt of your notification
  • EPA will make an initial assessment of the risk of harm associated with the contamination
  • EPA will consider your management response where the risk warrants further assessment. This may include requests to provide further information to clarity your notification. 
EPA may determine that regulatory action is required to address the management of contamination. If this occurs, EPA will contact you to discuss our regulatory approach under the Compliance and Enforcement Policy. 

You are expected to implement your management response without waiting for feedback from EPA.

 

Reviewed 5 July 2024