What is contaminated land?
35 What is contaminated land?
S. 35 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).
Subject to subsection (2), land is contaminated if waste, a chemical substance or a prescribed substance is present on or under the surface of the land, and the waste, chemical substance or prescribed substance—
is present in a concentration above the background level; and
creates a risk of harm to human health or the environment.
Land is not contaminated—
merely because waste, a chemical substance or a prescribed substance is present in a concentration above the background level in water that is on or above the surface of the land; or
if any prescribed circumstances apply to the land.
This provision refers to the regulations (prescribed circumstances
). Made under this Act:
- Environment Protection Further Revocation Regulations 2021 · under section 465
- Environment Protection Regulations 2021 · under section 465
This Act’s bill:Explanatory memorandumSecond reading speech
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