Environment Protection Act 1993

For the purposes of this Act, site contamination exists at a site if—

chemical substances are present on or below the surface of the site in concentrations above the background concentrations (if any);

the chemical substances have, at least in part, come to be present there as a result of an activity at the site or elsewhere; and

the presence of the chemical substances in those concentrations has resulted in—

actual or potential harm to the health or safety of human beings that is not trivial, taking into account current or proposed land uses;

actual or potential harm to water that is not trivial;

other actual or potential environmental harm that is not trivial, taking into account current or proposed land uses.

For the purposes of this Act, environmental harm is caused by the presence of chemical substances—

whether the harm is a direct or indirect result of the presence of the chemical substances; and

whether the harm results from the presence of the chemical substances alone or the combined effects of the presence of the chemical substances and other factors.

For the purposes of this Act, site contamination does not exist at a site if circumstances of a kind prescribed by regulation apply to the site.