Environment and Resource Management

Land: Contaminated land

Author

Greg O'Brien, Environmental Protection Agency

Reviewer

Gary O'Connor, Environmental Protection Agency

Key findings

Indicators and summary of status


Indicator

Status of indicator

Annual public searches of the Environmental Management Register (EMR)/Contaminated Land Register (CLR)

Most land transactions involve an EMR/CLR search to provide the public with information about known or possible contamination. The number of register searches is a general reflection of the level of property market activity. Over the longer term the number of annual searches is approximately 105 000 ± 15 000, with a decrease to the lower range since 2003.

Annual number of development applications (DAps) referred to the Environmental Protection Agency (EPA) for management of contamination/number conditioned for DAp

Development applications that have identified contamination issues are referred to the EPA for environmental conditions. Approximately 500-600 applications are referred annually, resulting in conditions being applied in 110-180 cases. Numbers of applications assessed depend on the level of property development activity.

Number of permits issued for disposal of contaminated soil/volume of soil disposed of

The 180-220 permits issued annually to dispose of contaminated soil have involved disposal of over one million cubic metres of contaminated soil a year. The annual amounts do not follow trends but depend on the size of the individual decontamination works.

Number of sites remediated and removed from the EMR/CLR

Between 150 and 220 sites are fully decontaminated annually. The number of sites being decontaminated varies annually and does not follow specific trends over time. The size of underlying land parcels is the key determinant in number of sites decontaminated each year.

Number of Site Management Plans (SMPs) approved

SMPs are issued when the land has been partially decontaminated and can be safely used for the intended use with minimal management. The 110-160 SMPs issued for final land use annually can represent significant cost savings in remediation for less sensitive land uses (such as high-density residential and industrial).

Importance

Urban renewal areas

The majority of contaminated sites are located on former industrial land in the near inner city environment, which often has relatively high intrinsic value. Over the past 15 years the trend has been for industry to relocate from the inner urban and near city fringe areas to strategic port areas and outer industrial zones. Former industrial sites are often contaminated as a result of poor waste disposal practices in the past. These sites are listed on the Environmental Management Register (EMR), which is available for public search so that all citizens have access to information about potential site contamination on land in which they have an interest.

A number of former industrial sites had been considered liabilities until the past decade, when many became desirable for residential/commercial/mixed use developments. This has stimulated site clean-up (remediation) and resulted in population growth in the urban renewal areas, with attendant economic development and environmental improvement.

Economic and environmental concerns

The cost of site remediation can be a major consideration when affected sites are being developed; it can have adverse impacts on development and the attainment of desirable environmental outcomes. Inadequate management, poor site assessment practices and liability concerns held by professionals working in this area can lead to conservatism and unwarranted development costs and can render developments uneconomic. The effective and efficient management of contaminated land is essential to ensure protection of human health and the environment and to appropriately balance related development and economic growth issues.

Mining

Mining is a major industry and driver of Queensland's economic growth. Many of the larger mining operations involve site contamination. Queensland has a number of legislative processes and policies to ensure environmental protection through the rehabilitation and closure of mining sites and to ensure that, following mining, land is made safe for the intended future uses.

Pressure and condition

Property development boom

Large sections of the urban renewal areas of Brisbane and other major population centres have been subject to extensive site investigation and remediation, hazardous contamination being removed to make land suitable for the intended uses. The development activity has placed considerable pressure on resources for the administration of contaminated land.

Although details of the costs of all site contamination works over the past four years are privately held, it is estimated that the total cost of these activities would exceed $250 million. The urban renewal areas in Brisbane that are the subject of extensive remediation include Fortitude Valley, New Farm, Newstead and, more recently, West End. The largest site is the 17 hectare Newstead Gasworks site, nearing completion following a three-year clean-up process at a cost of approximately $50 million. This site was extensively contaminated and derelict. Remediation will be followed by development of a residential and mixed-use precinct valued at more than $1 billion.

The West End area is undergoing rapid development and the clean-up of Montague Road Gasworks is stimulating extensive residential and commercial development accompanied by significant environmental improvements. The urban fringes of Ipswich and Townsville are also following similar patterns.

Such developments place considerable strain on the EPA's technical resources and on consultancies involved in assessing and remediating sites. These pressures increase the difficulty in meeting statutory timeframes under the Environmental Protection Act 1994 and can contribute to a lowering of standards of contamination reports submitted to the EPA for statutory decisions. These difficulties can result in delays in gaining development approvals.

Professional liability concerns

Land purchasers and developers rely on professional reports to make business decisions regarding contaminated sites. The high cost of site assessment and remediation works and the liabilities that may ensue should there be difficulties with professional advice can lead to conservatism among contaminated land professionals. This can result in undesirable economic and environmental outcomes arising from unwarranted remediation and waste of landfill space in the disposal of lightly contaminated soils. Legal cases associated with these matters usually involve high costs and contribute to increased professional indemnity insurance costs.

Response

Site Management Plans

The EPA has an established policy of encouraging the remediation of sites so that the land is fit for the intended use. When commercial and industrial uses
are planned, land may not require a high-cost full clean-up to a domestic residential standard. Land can be partially remediated to reduce any potential health and environmental risk from contaminants to a level where the land can be used with conditions to manage the residual contamination.

These conditions form the basis of the approved Site Management Plan (SMP). The conditions are usually not onerous (for example, they may involve leaving contaminants safely contained under basement carparks) and are adapted to suit the proposed development. The site and SMP remain on the EMR with a clear approval for the land to be used for the intended purpose. This approach improves the economics of many developments while maintaining the necessary environmental safeguards. Contaminated sites are dealt with by local government in development approvals, as are the contamination risks associated with new developments.

Improved technical guidance

The National Environment Protection (Assessment of Site Contamination) Measure December 1999 (NEPM) is the premier document in Australia for assessment of site contamination. It is a basic reference document used by regulators and professionals in Queensland to ensure high assessment standards and consistent practice on contaminated sites. Following five years of operation, a statutory review of the NEPM began in 2004. Significant new developments and research have taken place since the original NEPM was made and Queensland is playing a major part in the review.

Major areas of concern include costly and unwarranted remediation of sites owing to the poor development of Ecological Investigation Levels (EILs), which are basic screening criteria for ecological protection. The EILs are considered conservative and are being mistakenly used as default clean-up criteria. Additional guidance is also required for bonded asbestos in soil, which is often subject to unwarranted remediation. The updated NEPM will deal with these and other concerns and improve environmental outcomes and project economics.

Use of third party reviewers

To assist administration of contaminated land, the EPA has introduced a third party reviewer (TPR) system using guidelines in the NEPM. The purpose of the system is to improve the quality of contaminated land work and reduce the necessity for the EPA to undertake professional review of assessment work. The EPA appoints senior private sector professionals with demonstrated skills and experience and independent review ability following interview and assessment by a professional panel.

Currently 11 TPRs have been appointed by the EPA; they include accredited contaminated land auditors from New South Wales and Victoria. They generally undertake more complex review work on major sites, reducing the demand on EPA's technical resources. While they involve an additional cost to the consumer, their services can reduce the times taken to obtain the necessary statutory approvals relating to development, with associated cost savings.

Supporting research on mining sites

Former mining sites often revert to low-intensity grazing uses after rehabilitation. The EPA has supported research into the uptake of arsenic and heavy metal contamination by domestic animals grazing on such sites. The purpose of this work is to determine the best practices for management of mining wastes during mine life and to assist in the remediation of land post mining.
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Last reviewed 16 May 2011
Last updated 4 September 2007

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