OVERVIEW OF THE LAW

The contamination of soil can occur in numerous ways and a reversal of the contamination can be extremely difficult and in some cases impossible to achieve. It is the responsibility of the local authority to inspect and identify, on a continuous base, any land that has been contaminated; and if necessary designate such contaminated land a special site. A piece of land is classified as contaminated if the local authority in whose area it is situated believes it to be in a condition, as a result of substances either in, on or under the land, that can cause or is causing significant harm or pollution of surface or ground-water. ref. Where the enforcing authority finds a piece of land to be in a condition of imminent danger of serious harm in a condition capable of polluting surface and ground water, it has the legal authority to immediately serve a remediation notice; or commence consultation on the appropriate methods of remediation with the appropriate persons. Failure to reach an agreement on these actions would result in the enforcing authority serving a remediation notice on the appropriate persons. Failure to comply, without a reasonable excuse, with any of the requirements of the remediation notice, shall be an offence and such a person shall face, subject to conviction, a punishment to pay a fine or serve a prison sentence.

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• When will the Law become applicable to you?
• When will the Law not apply to you?
• What is the requirement of Law?
• What happens if you don’t obey the Law?
• Practical Steps