Escolar Documentos
Profissional Documentos
Cultura Documentos
Prepared by: Waste and Land Contamination Assessment, Department of Environment and Heritage Protection
State of Queensland, 2014.
The Queensland Government supports and encourages the dissemination and exchange of its information. The copyright in this
publication is licensed under a Creative Commons Attribution 3.0 Australia (CC BY) licence.
Under this licence you are free, without having to seek our permission, to use this publication in accordance with the licence
terms.
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For more information on this licence, visit http://creativecommons.org/licenses/by/3.0/au/deed.en
August 2014
Contents
Purpose .........................................................................................................................................................................1
1
1.2
1.2.1
1.2.2
1.2.3
1.2.4
Offences ....................................................................................................................................................6
Notification ................................................................................................................................................8
2.1.2
2.1.3
Compliance ...............................................................................................................................................9
2.2
2.2.2
2.3.1
2.4
2.4.1
Notification ..............................................................................................................................................12
2.4.2
2.4.3
3.1.1
3.1.2
3.1.3
Health and environmental risk assessment and development of a remediation action plan ..................16
3.1.4
3.2
4
2.2.1
2.3
4.2
4.3
4.3.1
4.3.2
Soil treatment and the ASC NEPM 1999 (as amended in 2013) hierarchy of remediation options .......19
4.3.3
References..................................................................................................................................................................21
Appendix 1 Reporting requirements checklist .........................................................................................................24
Appendix 2 Sample draft site management plan template ......................................................................................31
Page ii 140812 EM1200 Version 2
Acronyms list
ANZECC
ASC NEPM
CCME
CLR
DoH
Department of Heath
DQO
EHP
EIL
EMR
EP Act
GED
HIL
HSL
IDAS
LGA
NEPCA 1994
PHC
petroleum hydrocarbons
QWRRS
RAP
RHU
SAIC
SAQP
SDP
SMP
SQP
SP Act
SP Regulation
TPR
UXO
Un-exploded Ordinance
Purpose
The purpose of this guideline is to provide guidance to contaminated land professionals about how contaminated
land is managed and regulated under the Environmental Protection Act 1994 (EP Act) in Queensland. This
includes:
the administrative actions required for maintaining the Environmental Management Register (EMR) or
Contaminated Land Register (CLR); and
the obligations of relevant stakeholders for notifying the administering authority for when land is considered
contaminated and/or is causing environmental harm.
It will also assist contaminated land professionals to understand how contaminated land is managed when
considering development and/or a change in land use, as the same environmental standards apply for proposals
which may require assessment under other legislation such as compliance assessment under the Sustainable
1
Planning Act 2009 (SP Act) .
While this guideline has been prepared principally for use by contaminated land professionals, it is also useful for
other industry groups, planning authorities, developers, lenders, property insurers or valuers, property owners and
other members of the community to understand how contaminated land is managed and regulated in Queensland.
For further information on the assessment processes related to contaminated land under the SP Act refer to the Guideline: managing
contaminated land under the Sustainable Planning Act 2009 available on the Qld Government website at:
www.qld.gov.au/environment/pollution/management/contaminated-land
2
Sensitive land use (as defined in the State Planning Policy 2013) means a use that is a child care centre, community care centre, community
residence, dual occupancy, dwelling house, educational establishment, health care services, hospital, multiple dwelling, relocatable home park,
residential care facility, retirement facility, short-term accommodation, tourist park.
mortar bombs and grenades that have not detonated. In Queensland, most UXO is found on former training areas
and firing ranges used by Australian and Allied Defence Forces, particularly those used during World War II. UXO
may detonate if disturbed, causing a potential safety risk. Because of this risk, any person wanting to reconfigure or
make a material change of use on land for which an AMA applies requires a development assessment under the
SP Act. For the purposes of this guideline, UXO-affected land is not considered to be contaminated land or land
that has been used for a notifiable activity.
s. 15
Environmental nuisance
Environmental nuisance is unreasonable interference or likely interference with an environmental value
caused by-
s. 16
(a)
(b)
(c)
(b)
(c)
that results in costs of more than the threshold amount but less than the maximum amount
being incurred in taking appropriate action to-
(2)
(i)
(ii)
In this sectionmaximum amount means the threshold amount for serious environmental harm.
threshold amount means $5000 or, if a greater amount is prescribed by regulation, the greater
amount.
s. 17
(b)
(c)
that causes actual or potential loss or damage to property or an amount of, or amounts
totalling, more than the threshold amount; or
(d)
that results in costs or more than the threshold amount being incurred in taking appropriate
action to-
(2)
(i)
(ii)
In this sectionthreshold amount means $50000 or, if a greater amount is prescribed by regulation, the greater
amount.
1.2.2.1
Section 319 of the EP Act provides that all persons have a GED. Essentially a duty of care, the GED applies to all
persons undertaking activities in Queensland or outside Queensland that may affect Queensland's environment.
This means that everyone is responsible for the actions they take that may affect the environment.
Under the GED, whenever 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 or allowed to escape into groundwater. To determine what actions need to be taken to meet the GED a person
must consider the:
nature of the harm or potential harm;
sensitivity of the receiving environment;
current state of technical knowledge for the activity;
likelihood of successful application of different measures to prevent or minimise environmental harm that might
be taken; and
financial implications of the different measures as they would relate to the type of activity.
1.2.2.2
Duty to notify
Land contamination may cause or threaten serious or material environmental harm. Where such contamination is
the result of an event occurring during conduct of an activity, Chapter 7, Part 1, Division 2 of the EP Act establishes
a duty to notify such harm. The event may occur because of an act or omission on the part of a person carrying out
an activity or an activity associated with another activity. Examples would include petroleum spillage to
groundwater during a service station activity and unearthing buried asbestos wastes during an earthworks activity.
The harm may be actual or potential, such as it could be considered environmental harm if groundwater is
contaminated and it is reasonable that the contamination may move over time and a person is likely to used
affected groundwater in the future.
Obligations regarding the duty to notify may be established under s320B, s320C or s320D of the EP Act. The duty
to notify applies to a person who becomes aware of such an event described above. It includes employees, land
owners, land occupiers (i.e. those who work live or are in charge of the place) and persons who are engaged as
SQPs or contaminated land auditors. Who must be notified and the timeframes depend upon the status of the
person discovering the harm. For example, an employee or agent must initially notify their employer. As the intent
is to ensure the environment and human health is protected, there must be a reasonable defence for not notifying
the administering authority of environmental harm. The contaminated land provisions of the EP Act also contain
notification requirements. Satisfying the duty to notify under Chapter 7, Part 1, Division 2 of the EP Act does not
remove the requirement to notify under the contaminated land provisions of the Act.
If you require further information in relation to your duty to notify obligations, please refer to the Guideline: The duty
to notify of environmental harm (em467) available on EHPs website www.ehp.qld.gov.au (search for Guideline:
The duty to notify of environmental harm EM467).
development is proposed that may pose a change in the risk to human health and/or the environment. The
contaminated land provisions also ensure that when ownership of the land changes, the new owners are made
aware of the land's status and their obligations in relation to managing the contamination on the site. The
management of contaminated land is generally considered as the responsibility of the current land owner.
It is the responsibility of the administering authority to decide if land investigated/managed/remediated should be
placed or removed from the registers and this decision is based on information provided on the contamination
status of the land.
1.2.3.1
The Environmental Management Register (EMR) provides information about whether a site is, or has been,
subjected to contamination by a hazardous contaminant or used for a notifiable activity. Its purpose is to inform the
landowner, any operator on the site, the relevant local government, prospective purchasers and land developers
that the land is or may be contaminated. If the land is listed due to presence of a hazardous contaminant, the EMR
listing will include details about the nature of the contamination. In cases where a site management plan is
approved for the land, the EMR will also include details about the outcomes of site investigations, in particular the
suitable land use(s) for the site and what measures must be in place to manage the contamination, as set out in an
approved site management plan (SMP). It is also a land use planning tool so certain types of land use proposals
are triggered for assessment to ensure the contamination on the site continues to pose no unacceptable risk to
human health and the environment.
Land placed on the EMR does not necessarily require remediation or a change in land use. The listing informs
relevant stakeholders that the land is considered contaminated, or potentially contaminated, and that they need to
do one or more of the following:
Undertake an investigation to determine whether contamination on the site poses a risk to human health and/or
the environment, having regard to the intended/actual use, including offsite contamination to neighbouring sites
and the environmental setting.
Identify whether a site management plan is required to implement measures to ensure the contamination is
being appropriately managed to allow the existing or intended land use and to prevent environmental harm.
Identify whether remediation is required in order for the land to be suitable for its current or intended future or to
prevent serious environmental harm to a person, animal or another part of the environment.
Even when sites are considered suitable for the intended use or have been remediated to allow a certain use, they
may still be listed on the EMR. For example, a service station site suitable for its commercial use, will be listed on
the EMR. This is because the EMR listing can be used to notify future landholders that the land is still contaminated
so they can determine whether a proposed new use will be affected by the contamination present on the site. Only
sites validated as no longer contaminated and considered suitable for any use will be removed from the EMR.
1.2.3.2
The CLR is a register of sites for which a site investigation has demonstrated a level of contamination that is
causing or may cause serious environmental harm to persons or the environment and the administering authority
has decided that action needs to be taken to remediate the land in order to prevent the harm. This may include the
movement of sites already on the EMR onto the CLR, where it has been demonstrated that the contamination is
not being appropriately managed on the site.
Actions taken could include:
technical measures or physical barriers to prevent the migration of contaminants;
on-site remediation to reduce contaminant concentrations to levels suitable for the intended use; and/or
full removal of contaminants and off-site treatment to prevent serious or material environmental harm or public
health risks.
1.2.3.3
As a first step any person who is proposing purchasing or developing land should conduct a search of the EMR
and CLR to see if the land is listed. This search is commonly conducted as part of due diligence during land
conveyancing in Queensland. There is a relatively small administrative cost associated with this search.
Information regarding a search of the contaminated land register or environmental management register, or both, is
available at https://products.ehp.qld.gov.au/shopping/home.
1.2.3.4
Division 3 of the contaminated land provisions in the EP Act provides that investigations of land on the EMR or
CLR may be undertaken by a person either voluntarily (normally in relation to a proposal to change land use) or by
notice from the administering authority.
If land is on the EMR, the administering authority can only remove the land from the registers upon approval of a
submitted site investigation report and/or validation report showing that the land is no longer contaminated or
evidence is provided that the land was placed on the EMR by administrative error. The evidence provided must
demonstrate to the administering authoritys satisfaction that either:
no notifiable activity occurred on the site; or
the notifiable activity has ceased and the land has not been contaminated; or
the land has been remediated and is no longer contaminated.
Details regarding the technical requirements for the management of land on the EMR are provided in Section 3 of
this guideline.
1.2.3.5
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 proposal to change land use) or by
requirement of, or preparation by, the administering authority. Land is removed from the EMR after remediation
work is complete and a validation report has been submitted which sufficiently demonstrates to the administering
authority that the land is no longer contaminated.
Land can also be transferred from the CLR to the EMR where a validation report demonstrates to the administering
authority that remediation has reduced the contamination sufficiently, that the environmental and human health
risks from residual contamination can be managed under a site management plan (SMP) and that SMP has been
approved by the administering authority.
Details regarding the technical requirements for the remediation and validation of land on the EMR and CLR are
provided in Section 3 of this guideline.
1.2.3.6
Division 5 of the contaminated land provisions of the EP Act enable the preparation of SMPs for land on the EMR
as often it is not practicable to remove all contamination from a site. In such circumstances, the administering
authority can approve SMPs for land, which states how a site will be managed in order to prevent environmental
harm and/or risks to persons. Once approved, SMPs are recorded on the EMR and can be provided with any
related search of the register. SMPs may be prepared and submitted by a person voluntarily (normally in relation to
a proposal to change land use) or may be required or prepared by the administering authority.
Details regarding the technical requirements for SMPs are provided in Section 3 of this guideline and a sample
template is provided in Appendix 3.
1.2.4 Offences
The EP Act provides for a number of offences related to contaminated land as a deterrent from causing
environmental harm and for the efficient implementation of the legislation. Examples of the relevant offences are
discussed in the following sections. Note that under the Penalties and Sentences Act 1992, penalties for an offence
Page 6 140812 EM1200 Version 2
committed by a corporation are five times the corresponding penalty for an individual that are outlined below.
1.2.4.1
As discussed above, sites on the EMR may be subject to an approved SMP. SMPs are approved when the
administering authority is satisfied the proposed management measures will adequately manage the risk of any
residual contamination and monitoring will validate the effectiveness of the management measures.
Conversely, not implementing an SMP, including undertaking the required monitoring, increases the risk to the
environment and/or public health. To ensure SMPs are implemented s434 of the EP Act makes it an offence to
3
contravene an SMP. The maximum penalty for wilfully contravening a SMP is $189,560.25 or two years
imprisonment.
1.2.4.2
The administering authority relies on the accuracy and veracity of reports submitted by clients, SQPs and auditors
when making environmental management decisions. It is an offence to submit a document to the administering
authority that contains information that is false or misleading in a particular matter.
3
The maximum penalty for supplying a document which is false or misleading is $189,560.25 or two years
imprisonment.
With regard to auditors performing a function under the EP Act, there is also a code of conduct and auditor
approval conditions that specify that an auditor's approval can be cancelled or suspended if it is determined that
false or misleading information has been provided by an auditor.
1.2.4.3
Environmental harm was defined in Part 1, section 2.1.1 of this guideline. Under the EP Act, the maximum penalty
4
for causing environmental harm ranges between $34,115 (s440(2) unlawful environmental nuisance) up to
5
$474,185.25 or 5 years imprisonment (s437(1) wilful and unlawful serious environmental harm).
Other offences under the EP Act relating to environmental harm include:
s443, placing a contaminant where environmental harm or nuisance may be causedmaximum penalty
6
$18,785.25 ; and
s440ZG, unlawfully deposit a prescribed water contaminant in a water, roadside gutter or stormwater drainage
or another place where it could enter a water, roadside gutter or stormwater drainagemaximum penalty
7
$34,115 (if wilful $95,064.75) .
1.2.4.4
Executive officers must ensure corporations comply with the EP Act. If a corporation commits an offence the EP
Act, each of the executive officers of the corporation also commits an offence, namely, the offence of failing to
ensure the corporation complies with this Act. The penalty for the contravention is that which applies for an
individual.
$189,560.25 as at 1 July 2014 - Refer to s. 5 of the Penalties and Sentences Act 1992 for the current value of a penalty unit.
$34,115 as at 1 July 2014 - Refer to s. 5 of the Penalties and Sentences Act 1992 for the current value of a penalty unit.
$474,185.25 as at 1 July 2014 - Refer to s. 5 of the Penalties and Sentences Act 1992 for the current value of a penalty unit.
$18,785.25 as at 1 July 2014 - Refer to s. 5 of the Penalties and Sentences Act 1992 for the current value of a penalty unit.
$34,115 (if wilful $95,064.75) as at 1 July 2014 - Refer to s. 5 of the Penalties and Sentences Act 1992 for the current value of a penalty unit.
2.1.1 Notification
As it is the administering authority's role to decide whether sites are listed on or removed from the register, after
being notified that land should be listed on the EMR or CLR, the administering authority is required to issue a
notice to the landowner. The notice will allow the landowner 22 business days to provide a submission as to why
the land should not be listed on the EMR or CLR. After the period for submissions has ended, the administering
authority will make a decision whether or not to list the land on the EMR or CLR. Where no submission is received,
the administering authority's decision will be based on the initial information provided to list the land.
Any submission by the landowner regarding notification for presence of a hazardous contaminant must include
evidence such as a site investigation report from a SQP that the land is not contaminated or has not been used for
a notifiable activity. Submissions concerning carrying out a notifiable activity must address the nature of past and
present activities carried out on the land.
requirements identified in this guideline. After assessing and accepting these documents the administering
authority may determine:
land can be removed from the EMR or CLR; or
land should be moved to or from the EMR and CLR; or
contaminated land can be adequately managed for a proposed land use; or
a site management plan is required; and/or
remediation is necessary.
Alternatively, the administering authority may determine that a document in the form submitted, is inadequate and:
refuse it;
request a new document; or
request additional information.
2.1.3 Compliance
As the administering authority, EHP is responsible for monitoring compliance with the contaminated land provisions
of the EP Act. In this role, EHP takes a cooperative approach to managing and monitoring risks to Queensland's
environment. Nevertheless, the community expects EHP, as Queensland's lead environmental agency, to assess
compliance in regard to contaminated land to ensure individuals are discharging their duties and responsibilities
appropriately.
EHP is committed to the proactive management and monitoring of risks to Queensland's environment through the
implementation of a regulatory strategy founded on a targeted and transparent approach to compliance supported
by a modern and strong enforcement capability. A copy of the regulatory strategy can be downloaded from EHP's
website at www.ehp.qld.gov.au.
Where non-compliance matters are encountered, a strong but measured and appropriate response is taken. EHP
has published Enforcement Guidelines which explain what enforcement action will be taken in any given situation
available at www.ehp.qld.gov.au (using enforcement guidelines as the search term).
2.1.3.1
Compliance plans
EHP publishes annual compliance plans which are available from EHP's website at www.ehp.qld.gov.au. Under
these compliance plans EHP 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; and
implementation of SMPs.
2.1.3.2
Compliance notices
Under the EP Act, the administering authority can issue notices requiring:
site investigations where a preliminary investigation has shown that hazardous contaminants are present (in
accordance with s. 376);
land on the CLR to be remediated and a validation report to be submitted (in accordance with s. 391);
the preparation of a SMP where a site investigation has shown that contaminants present on land require
management to make the land suitable for the proposed use (in accordance with s. 405); and
landowners to manage contamination that has migrated off-site using other statutory tools under the EP Act.
Such notices are issued where there is serious or material environmental harm being caused or the potential for
Declaration of qualifications
S. 381, s. 395 and s. 410 of the EP Act require persons who perform regulatory functions to be suitably qualified
persons (SQPs). 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.
Before performing a regulatory function under s. 564 of the EP Act, an SQP must be able to demonstrate that they
are suitably qualified to assess the proposed contaminated site. This is a self-assessment against the Guideline:
Assessing a suitably qualified person (SQP guideline) available at Queensland Government website
www.qld.gov.au/environment/ (using the title of the guideline as the search term).
The SQP guideline contains information to assist contaminated land professionals in determining whether they are
a SQP for a particular land contamination matter and how a person can make a declaration in support of a positive
self-assessment as a SQP performing a regulatory function.
Persons submitting declarations under s. 566 of the EP Act must ascertain that they are able to act as a SQP in
accordance with this guideline before performing that regulatory function. Under s. 383 and s. 395 of the EP Act,
site investigations and validation reports must be accompanied by declarations from all the SQPs involved in
undertaking the regulatory function and the applicant (the person to whom all information about the investigation is
directed). Where the applicant and the SQP is the same person only one declaration is required.
There are specific criteria that need to be addressed in the declaration to provide assurance to the administering
authority that the SQP holds the relevant qualifications and experience necessary to act as an SQP for the
particular site. A sample template of a SQP declaration can be found in Appendix 1 of the SQP guideline.
2.2.1.2
Prescribed criteria
In order for a decision to be made on a submitted report or draft SMP, an SQP must ensure that it contains enough
supporting information to adequately address the prescribed criteria from s. 115C of the EP Reg. This allows for an
auditor and/or EHP to assess:
1. whether the report or plan provides evidence that the site is suitable for a stated use;
2. whether the site is contaminated in a way that is a risk to another part of the environment or human health;
3. if the report or plan provides evidence that the site is contaminated, the extent it is and the uses that may be
suitable;
4. if the plan sets out objectives to be achieved and maintained, the proposed objectives and methods are
appropriate;
5. if the plan sets out monitoring and reporting compliance measures for the site, the reporting and compliance
measures are appropriate.
As such the report or plan must at least include the following:
information about the reasons for its listing on the EMR/CLR;
a description of the surrounding area of the site that identifies any potential sensitive areas such as water,
wetlands, stormwater, environmentally sensitive areas;
description of all surface and subsurface infrastructure on the site, including details of the location, size and type
of the infrastructure;
details about any waste or product disposed of or stored on the site that may contain hazardous contaminants;
a description of land uses in the surrounding area, including sensitive land uses that may affect the safety of the
site or cause a risk to human health or another part of the environment;
a description of all activities carried out in the surrounding area that may affect the safety of the site or cause a
risk to human health or another part of the environment;
a description of the geology and hydrogeology of the site;
details of any environmentally relevant activities or notifiable activities on the site;
details of any earthworks carried out on the site;
details regarding any remediation to be carried out on the site.
land auditors under Chapter 12, Part 3A available at www.qld.gov.au/environment/ (using the title as the search
term).
NOTE: The mandatory involvement of contaminated land auditors in contaminated land assessments under the EP
Act is currently being considered by the administering authority. The decisions regarding this will be made in early
2015.
The maximum penalty for failing to give notification under s. 371 is $11,385 . If a landowner becomes aware that
contamination on their land is causing environmental harm, they must notify the administering authority
immediately.
Note: Any disposal of soil from the site is strictly prohibited without a soil disposal permit, which can only be
obtained once the land has been listed on the EMR (see section 4). Contaminated soil is not considered a
regulated waste under schedule 7 of the EP Reg and is therefore unable to be managed using a waste tracking
certificate.
The maximum penalty for not giving notice under s420 is $5,692.50 . Further, if the owner does not give notice as
required under s. 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.
$11, 385 as at 1 July 2014 - Refer to s. 5 of the Penalties and Sentences Act 1992 for the current value of a penalty unit.
$5, 692.50 as at 1 July 2014 - Refer to s. 5 of the Penalties and Sentences Act 1992 for the current value of a penalty unit.
The maximum penalty for not giving notice under s421 of the EP Act is $5,692.50 . Further, if the owner does not
give notice as required under s. 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.
The ASC NEPM 1999 is the premier guidance document in Australia for the assessment of site contamination. It
was recently amended in 2013. The ASC NEPM 1999 (as amended in 2013) 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
12
contamination.
In keeping with the National Environment Protection Council Act 1994, the administering authority has adopted the
ASC NEPM 1999 (as amended in 2013) for the assessment of contaminated land. This is a comprehensive
guidance document that outlines the risk assessment process for assessing a number of contaminated land
assessments. For assistance, a good starting point is Schedule A of the ASC NEPM 1999 (as amended in 2013)
which provides a summary of the general process for contaminated land assessment and Schedule B which
provide guidance on the possible ways of achieving the desired environmental outcome (Part 3 of the Measure) for
the assessment of site contamination. This includes the following guidance on:
investigation levels for soil and groundwater
site characterisation
laboratory analysis of potentially contaminated soils
site-specific health risk assessment methodology
ecological risk assessment
methodology to derive ecological investigation levels in contaminated soils
ecological investigation levels for Arsenic, Chromium (III), Copper, DDT, Lead, Naphthalene, Nickel and Zinc
framework for risk based assessment of groundwater contamination
10
$5, 692.50 as at 1 July 2014 - Refer to s. 5 of the Penalties and Sentences Act 1992 for the current value of a penalty unit.
11
12
b)
c)
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 (as amended in 2013).
Where Queensland waters including groundwater are affected by the contamination, the assessment must also be
guided by the Environmental Protection (Water) Policy 2009, which includes scheduled environmental values and
prescribed water quality objectives to protect these values for all Queensland waters. For some localities, more
specific environmental values and objectives are also prescribed under schedule 1 for particular waterway
catchments. To view these, refer to the EHP website at http://www.ehp.qld.gov.au/ (using schedule 1 of EPP
water as the search term). Further information is contained in the Queensland Water Quality Guidelines available
at http://www.ehp.qld.gov.au/ (using Queensland Water Quality Guidelines PDF as the search term).
Stage 2
Stage 3
Health and environmental risk assessment and development of RAP (if remediation required)
Stage 4
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 of this guideline 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 1 provides a
reporting checklist for reporting requirements to assist SQPs in the preparation of reports.
The most efficient use of resources during an investigation will be achieved by the development of data quality
objectives (DQOs). AS4482.1 & 2 and the ASC NEPM 1999 (as amended in 2013) - Schedule B(2) guideline on
site characterisation, 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).
provision for the monitoring and reporting of compliance with the SMP.
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
Page 16 140812 EM1200 Version 2
provision for monitoring and reporting compliance with the plan" as outlined in s. 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 to
ensure the contamination remains contained over time.
Under s. 403(2) and s. 404(c) of the EP Act, any draft SMP (or any amended draft SMP) 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 the following details:
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; and
the version of the draft SMP (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 2.
A draft SMP must contain monitoring and reporting requirements for the life of the SMP to ensure it is
demonstrated the contamination is being safety managed on the site. If the administering authority conducts a
compliance assessment of a contaminated site with an approved SMP, the site owner/occupier will be required to
demonstrate the SMP has been complied with and the SMP is effective at managing the contamination on the site.
If the requirements set in a SMP need to be changed, the mechanism is an amendment to the SMP, approved by
the administering authority.
4.3.2 Soil treatment and the ASC NEPM 1999 (as amended in 2013) hierarchy of
remediation options
The Strategy's waste management hierarchy is also consistent with the hierarchy of remediation options contained
in the ASC NEPM 1999(as amended). Under the ASC NEPM 1999 (as amended in 2013), the following
preferences apply:
if practicable, on-site 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, be 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.
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.
References
1. ANZECC, 1999, Guidelines for the Assessment of On-Site Containment of Contaminated Soil, Australian
and New Zealand Environment and Conservation Council, Canberra.
http://www.ephc.gov.au/sites/default/files/ANZECC_GL__Assessment_and_Mgt_of_Contaminated_Sites_1
99201_Hist_0.pdf.
2. 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.
http://www.ephc.gov.au/sites/default/files/ANZECC_GL__Assessment_of_on_site_containment_contamina
ted_soil.pdf.
3. CCME, 2008, Canada-Wide Standard for petroleum hydrocarbons (PHC) in soil, Canadian Council of
Ministers of the Environment, Winnipeg.
http://www.ccme.ca/assets/pdf/phc_standard_1.0_e.pdf.
4. DoH and DEC, 2009, Guidelines for the Assessment, Remediation and Management of AsbestosContaminated Sites in Western Australia, Environmental Health Directorate, Perth.
http://www.public.health.wa.gov.au/cproot/3763/2/Guidelines%20for%20AsbestosContaminated%20Sites%20-%20May%202009.pdf.
5. Ecologically Sustainable Development Steering Committee, 1992, National Strategy for Ecologically
Sustainable Development, Department of Sustainability, Department of Sustainability, Environment, Water,
Population and Communities, Canberra.
http://www.environment.gov.au/about/esd/publications/strategy/index.html.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. NEPC, 1999a, National Environment Protection (Assessment of Site Contamination) Measure,
Environment Australia, Canberra.
12. 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.
13. NEPC, 1999c, National Environment Protection (Assessment of Site Contamination) Measure Schedule
B(2) Guideline on Data Collection, Sample Design and Reporting, Environment Australia, Canberra.
14. NEPC, 1999d, National Environment Protection (Assessment of Site Contamination) Measure Schedule
B(4) Guideline on Health Risk Assessment Methodology, Environment Australia, Canberra.
15. NEPC, 1999e, National Environment Protection (Assessment of Site Contamination) Measure Schedule
B(5) Guideline on Ecological Risk Assessment, Environment Australia, Canberra.
16. NEPC, 1999f, National Environment Protection (Assessment of Site Contamination) Measure Schedule
B(6) Guideline on Risk Based Assessment of Groundwater Contamination, Environment Australia,
Canberra.
17. NEPC, 1999g, National Environment Protection (Assessment of Site Contamination) Measure Schedule
B(7A) Guideline on Health-Based Investigation Levels, Environment Australia, Canberra.
18. NEPC, 1999h, National Environment Protection (Assessment of Site Contamination) Measure Schedule
B(7B) Guideline on Exposure Scenarios and Exposure Settings, Environment Australia, Canberra.
19. NEPC, 1999i, National Environment Protection (Assessment of Site Contamination) Measure Schedule
B(8) Guideline on Community Consultation and Risk Communication, Environment Australia.
20. 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.
21. 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.
22. 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.
23. Queensland Department of Environment and Heritage Protection 2009, Queensland Water Quality
Guidelines
www.ehp.qld.gov.au/water/pdf/water-quality-guidelines.pdf
24. 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.
25. Standards Australia, 2005, Australian Standard, Guide to the Investigation and sampling of of Sites with
Potentially Contaminated Soil Part 1: Non-volatile and Semi-volatile Compounds. AS 4482.1 2005,
Standards Australia, Homebush.
EHP publications
1. DERM, 2010a, Enforcement Guidelines, Department of Environment and Resource Management,
Brisbane.
2. DERM, 2010b, Operational Policy, Third Party Reviewer Terms of Reference, Department of Environment
and Resource Management, Brisbane.
3. DERM, 2011, Guideline - The Duty to Notify of Environmental Harm, Department of Environment and
Resource Management, Brisbane.
4. DEHP Factsheet 6: How to search the EMR and CLR, Department of Environment and Heritage
Protection, Brisbane.
5. DEHP Factsheet 7: Results of a search of the ERM and CLR, Department of Environment and Heritage
Protection, Brisbane.
6. DEHP Factsheet 2: Notifiable activities, Department of Environment and Heritage Protection, Brisbane.
7. DEHP Assessing qualified persons according to sections 381, 395 and 410 of the Environmental Protection
Page 22 140812 EM1200 Version 2
Act, Brisbane.
Legislation
1. Environmental Protection Act 1994
http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/E/EnvProtA94.pdf
2. Environmental Protection Regulation 2008
http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/E/EnvProtR08.pdf
3. Environmental Protection (Water) Policy 2009
https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/E/EnvProWateP09.pdf
4. Sustainable Planning Act 2009
http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/S/SustPlanA09.pdf
5. Sustainable Planning Regulation 2009
http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/S/SustPlanR09.pdf
6. Waste Reduction and Recycling Act 2011
http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/W/WasteRedRecA11.pdf
The following checklist 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 by the following notations:
an S indicates that a summary will be adequate if detailed information has been included in a previous
report and no changes have occurred in the interim; or
an N indicates the section should be included only if no further site investigation is contemplated; or
N/A indicates that the report heading or subject is not applicable and may be omitted.
Under each section, for example executive summary, a comprehensive list of headings and subjects that can be
included within that section in any of the reports is outlined below.
Report sections and
information to be included
Preliminary site
investigation
Detailed site
investigation
Development of
remediation action
plan
Preparation of
validation report
Executive summary
Background
Scope of works
(Where appropriate) a summary of sampling results in tabulated format containing minimum, maximum,
arithmetic mean and 95% upper-confidence limit on arithmetic mean for each analyte.
Scope of work
13
Geographic co-ordinates related to a nearby cadastral corner of a State survey Control Marker (where
the contamination is limited to a portion of a lot)
This material is reproduced with minor amendment with the permission of Department of Environment and Heritage, New South Wales.
Preliminary site
investigation
Detailed site
investigation
Development of
remediation action
plan
Preparation of
validation report
Locality map
Current site plan with scale bar, showing north, lot on plan boundaries, local water drainage and other
local environmentally significant features.
Site history
(S)
(S)
(S)
Chronological list of site users, indicating information gaps and unoccupied periods
Inventory of chemicals and wastes associated with site use and their on-site storage location
Details and locations of current and former underground and above ground storage tanks
Disposal locations
Details of building and related permits, licences, approvals and trade waste agreements
(S)
(S)
(S)
Topography
Conditions at site boundary such as type and condition of fencing, soil stability and erosion
Extent and nature of contamination, including any potential or actual migration off-site
Visible signs of contamination such as discolouration or staining of soil, bare soil patchesboth on-site
and off-site adjacent to site boundary
Preliminary site
investigation
Detailed site
investigation
Development of
remediation action
plan
Preparation of
validation report
Odours
Flood potential
Details of any relevant local sensitive environmente.g. rivers, lakes, creeks, wetlands, local habitat
areas, endangered flora and fauna.
(S)
(S)
Soil stratigraphy using recognised classification methods, e.g. AS1726, Unified Soil Classification Table
N/A
Sampling pattern
Sampling density including an estimated size of the residual hot spots that may remain undetected
Sampling depths
Analytical methods
Preliminary site
investigation
Detailed site
investigation
Development of
remediation action
plan
Preparation of
validation report
Sample preservation methods and recognised protocols, e.g. APHA or US EPA SW 846
(N)
N/A
(N)
Logs for each sample collectedincluding time, location, initials or sampler, duplicate locations,
duplicated type, chemical analyses to be performed, site observations and weather conditions
The presentation of contamination data and analytical results should be presented as required by the
ASC NEPM 1999. This should include but not be limited to:
o
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
dispatched courier(s)
Compliance with the Queensland Monitoring and Sampling Manual for Queensland
Environmental Protection (water) Policy 2009
Laboratory QA/AC
(N)
N/A
A copy of signed chain of custody forms acknowledging receipt date and time and identity of samples
included in shipments
Laboratory performance in inter-laboratory trail for the analytical methods used, where available
Preliminary site
investigation
(N)
Detailed site
investigation
Development of
remediation action
plan
Preparation of
validation report
N/A
Evaluation of all QA/QC information listed above against the stated DQOs including a discussion of:
Documentation completeness
Data completeness
Data representativeness
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:
Collection and analysis by the same personnel using the same methods but at different times
Results
Shows all essential details such as sample numbers and sampling depth
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
Page 28 140812 EM1200 Version 2
Preliminary site
investigation
Detailed site
investigation
Development of
remediation action
plan
Preparation of
validation report
N/A
N/A
(S)
Remediation goal
Site preparation plan (before remediation) including, e.g. fencing, erection of warning signs, stormwater
diversion
Remediation schedule
Hours of operation
Contingency plans to respond to site incidents, to obviate potential effects on surrounding environment
and community
Validation
N/A
N/A
N/A
Details of a statistical analysis of validation results and evaluation against the clean-up criteria
N/A
N/A
N/A
Preliminary site
investigation
Detailed site
investigation
Development of
remediation action
plan
Preparation of
validation report
Ongoing site monitoring requirements (if any), including monitoring parameters and frequency
Results of monitoring analyses including all relevant QA/QC reporting requirements stated above
Conclusions and
recommendations
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
A statement detailing all limitations and constraints on the use of the site (where applicable)
Address:
Version:
Date of effect:
Each of the below must be considered in development of the Draft SMP and determined if applicable.
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 2,550 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:
2.0
Analyte
Cadmium
54
Copper
620
Lead
2,220
Zinc
2,800
Mercury
61
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, including achieving the soil
clean up criteria in the attached Remediation Action Plan (RAP).
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 specific, 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).
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 Remediation Action Plan
which forms part of this site management plan.
Removal and disposal of contaminated soil will only be undertaken after approval is granted by the
Administering Authority in accordance with s424 of the EP Act.
4.0
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.
A site management plan must make provision for monitoring and reporting compliance with the plan. Consider how
to effectively incorporate performance monitoring requirements into the plan.
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.
4.3
Site excavations
4.3
Site inspections
4.3
Notification
4.4
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
Include details of any version control system to be used for amendments to this draft SMP.