Environment and Resource Management

Management of UXO-affected land

What is unexploded ordnance (UXO)?

Unexploded ordnance (UXO) is ammunition such as artillery shells, mortar bombs and grenades, ie. explosive ordnance, that did not explode when used. In Queensland, most UXO is found on land formerly used by Australian and Allied Defence Forces for the live firing of explosive ordnance, particularly during World War II.

It is generally accepted by the Australian Defence Force that, for various reasons, a small percentage of shells and bombs delivered during live firing practices do not explode on impact. Such shells, etc are known as UXO. They can be found on or below the ground's surface. They may detonate if disturbed. They represent a potential safety risk.

While explosive ordnance that has been found on land used for the temporary storage and disposal of ammunition has not normally been fired, it is also treated the same as UXO.

Large tracts of land can be affected by UXO contamination. The impact of fires on affected land since its military use and of ongoing development also needs to be recognised. Fire has caused the detonation of many UXO that did exist on or near the surface and the incidence of UXO found by chance, particularly in undeveloped areas, has greatly reduced since WWII. Nevertheless, the likelihood of incidental finds today generally remains greater in undeveloped areas than in those that have been developed or used extensively for cultivation or grazing. This is because the discovery of residual UXO often results from the vegetation clearance, soil disturbance, earthworking and increased surface traffic associated with these activities. Notwithstanding this, whether UXO is found on undeveloped or developed land, its subsequent disposal does not necessarily mean that more may not still exist in the vicinity of the find.

The circumstances of potentially affected sites that are referred to the department for assessment when a development application is made are various. Typical sites have included: 600 square metre residential lots which are either vacant land about be built on, or which have already been built on and extensively improved with landscaping and pool; 10 hectare rural residential properties about to be re-subdivided; 100 hectares of vacant crown land about to be rezoned and subdivided; and even parts of national parks/state forests on which the construction of public recreational facilities or the laying of a pipelines is planned.

Unexploded ordnance – Information sheet

Environmental Protection Act 1994

In Queensland, the contamination of land is managed by the department under the Environmental Protection Act 1994 (EP Act), the object of which is the protection of Queensland's environment while allowing for development in an ecologically sustainable way.

UXO is considered a contaminant under Section 11 of the EP Act. The department administers the assessment and management of UXO-affected land that is proposed for development. It also provides advice generally to local government, industry and the community on land usage matters related to UXO contamination.

The Commonwealth's initial assessment and mapping of UXO-affected land

The Commonwealth's Department of Defence (Defence) now records, on a comprehensive, publicly accessible website http://www.defence.gov.au/uxo/, all land in Queensland that has been identified and assessed by Defence as having been used by the military in a way that may result in residual UXO on the land. This action accords with the objects of the "Commonwealth Policy on the Management of Land Affected by Unexploded Ordnance". Defence's website also provides for voluntary notification by the public of additional sites suspected of being UXO-affected.

The information on Defence's website either reflects or updates, or is additional to, any that Defence has previously provided in area-specific, hard copy reports to a number of affected local governments. Land owners and local governments have ready access to information about sites that may be affected by UXO by referring to this website.

On its website, Defence categorises any potential for residual UXO contamination to be either 'substantial' or 'slight'. While Defence recommends that the current usage of land in either category continue without specific need for further UXO investigation, it advises that sites in 'substantial' areas be further investigated and, where necessary, remediated prior to "land usage rezoning or development". The Defence website also includes advice on:

Under its website's heading "Where is UXO?", Defence also includes a 'disclaimer' in which it recognises that sites it has categorised may be reassessed under State or Local Government land management arrangements.

[NOTE: The Commonwealth's UXO policy, while it still does not oblige the Commonwealth to fund clean-up of UXO-affected land, was amended in 1999 to indemnify land owners and occupiers against injury or property damage suffered by themselves or others from UXO detonation on their land.]

The department's Area Management Advice (AMA) for UXO-affected land

Under a Memorandum of Understanding with Defence, the department currently applies an "Area Management Advice" (AMA) to all lots within land areas recorded in Defence's 'substantial' category.

The AMA is the department's principal instrument for ensuring appropriate management of UXO-affected lots. It includes Defence's recommendations along with the department's associated requirements.

Lots to which the AMA applies are listed on an administrative adjunct to the Environmental Management Register (EMR). While these lots are not 'registered' on the EMR as such, this action provides for the advice, where applicable, to be made available to interested parties via the EMR search facility, ie. as "additional advice" included with formal EMR search responses.

When evidence is provided to the department, via a Defence-accredited UXO contractor, that particular lots are not affected or are no longer affected by UXO, they are recorded as being unaffected and the AMA no longer applies to them. This can result from application of the department's regulated assessment and management process explained hereunder or from action being taken voluntarily by the land owner.

[Note: The department has NO REQUIREMENT or advice additional to that offered by Defence regarding land usage in areas that Defence has assessed as having only a 'slight' potential for residual UXO. Notwithstanding this, any voluntary clearance of lots in 'slight' areas is similarly recorded by the department.]

Integrated Planning Act 1997

When application for reconfiguration (eg. subdivision) or material change of use of land is made, the development approval process, through the Integrated Planning Act 1997 (IPA), is used to determine the public and environmental exposure to uxo-affected land as well as to chemically contaminated land.

The department regulates land covered by the AMA (ie. lots in Defence's 'substantial' areas). Applications for the reconfiguration or material change of use of lots to which the AMA (ie. lots in Defence's 'substantial' areas) applies are respectively required to be referred to the department by triggers listed in Tables 2 [21(b)] and 3 [12] of Schedule 2 of the Integrated Planning Regulation 1998 (IP Reg). The definition of AMA is provided in Schedule 14 of the IP Reg and means a written notice given by the administering authority (the department) to an affected local government about planning for or managing land contaminated because of "natural mineralisation, industrial activity or unexploded ordnance". Section 3.1.8 of IPA establishes the role of a referral agency for the jurisdiction prescribed in the IP Reg.

The department, acting as a concurrence agency, assesses the applications and, under sections 3.3.16 and 3.3.18 of IPA, imposes concurrence agency conditions on any approval of the referred applications. These conditions generally require the land to be subjected to further investigation and assessment and, where applicable, to remedial work or other suitable management practice in a manner similar to how the EP Act provides for the safe land use of any chemically contaminated land listed on the EMR.

Investigation, assessment and remediation of UXO sites

Where a site is subjected to further investigative and/or remedial work for the purpose of reassessment as part of the development approval process or for another purpose, Defence-accredited UXO investigation and remedial search contractors are to be used. These contractors work to investigation, assessment and remediation procedures that are recognised as best practice throughout Australia.

Reports on any investigative and remedial work undertaken by these contractors are submitted to the department for assessment. The results of that assessment are then sent to the applicant and the local government by the department.

 

Last updated: 21 April 2009

Contaminated land

Topics in this site