What is Contaminated Land
Under Queensland law and the RMA (Resource Management Act), contaminated land is defined as land with substances that are deemed hazardous in or on the land. These substances show a reasonable likelihood to have negative effects on human health and the environment.
The RMA fully defines contaminated land as follows under section 2 of RMA bylines:
Contaminated land means land that has a hazardous substance in or on it that –
- has significant adverse effects on the environment; or
- is reasonably likely to have significant adverse effects on the environment.
The RMA works to promote and protect the sustainable management system of physical and natural resources like land, air, and water.
How Land Becomes Contaminated
Land contamination occurs when materials and substances that are deemed hazardous are used, stored, or disposed of in an unsafe way. Contamination can range from one area of a site, a full site, or at times, areas near or surrounding the site as well. When hazardous liquids and soluble substances leak into the ground and the soil, groundwater may be contaminated. Contamination may also spread through gasses or pollutants in the air. Air pollution can spread a wide distance from the original point of contamination.
Identifying Contamination On a Site
When landowners and inspectors are working to identify and assess the risk of contamination on land or a building site, there are certain types of substances and signals they focus on. Identifying the specific source of contamination is important when dealing with site contamination in Queensland and throughout other communities.
The following sources are commonly used to identify contamination on sites:
- Groundwater contamination
- Flora and fauna, environmental and nature damage
- Backflow and contamination of drinking water
- Threats to livelihood and human life
- Settlement: The sinking of the ground caused by an overload of weight or the consolidation causing the displacement soil.
- Threat to adjacent land due to contaminant migration
- Foundation and structure damage
Once clear signs of contamination are identified, inspectors, landowners and construction workers are tasked with identifying direct sources of site contamination. The following list contains examples of sources for contaminations on a site:
Worksite chemicals and hazardous fluids- Asbestos works
- Oil storage and distribution on sites
- Paint, dye, and contamination from man-made materials on site
- Burning of waste and bonfires on worksites
- Waste disposals and landfills
- Metal works, treatments, and finishing
- Excessive electricity and power use
- Cyanide and phenol pollution from the gasworks
- Sewage areas and overage of zinc and copper
- Air pollution from excessive dust and materials on a site
- Railway building or lands
- Cadmium in garden soils
- Munitions fuels & testing
Pollution Caused by Site Contamination
A major side effect of site contamination is pollution. Pollution on work sites is a clear sign of contamination. Understanding the types of pollution on a work site is key to dealing with site contamination. The following types of pollution are common on worksites:
Air Pollution
The use of diesel engines and heavy machinery for demolition on a worksite is a common source of air pollution causing contamination on sites in Queensland. When diesel engines burn off the toxic matter, a large amount of toxicity enters the air and causes contamination on the site. Building materials like concrete, cement, silica, and stone create heavy levels of dust which can be toxic if mixed with drinking water or clogging the air.
Issues with excessive dust on a work site can cause disease and respiratory issues in humans. The existence of carbon monoxide and other pollutants are also another sign of air pollution on a worksite.
Water Pollution
Contamination of water on a property is very harmful to human life. Water pollution occurs when chemicals are handled incorrectly causing spillages or backflow on a property. Water pollution is a common side effect of contamination on a worksite. Backflow into the city’s water supply can not only effect the site where contamination begins but also everywhere else the site is connected to. Because of this, backflow prevention devices are mandated by all local councils throughout Queensland. Plumbers certified to complete backflow testing in Brisbane City Council’s catchment have among the strictest guidelines in the state, which is no surprise as it also has the highest population density and therfore the highest risk.
Dirt, debris, and dust can also cause contamination of water on a site. Pollutants running into the local stream can expand the area of a contaminated space, learn more about the risks here.
Contaminated Land Registers
Contamination of land can be the result of malpractice and careless management of waste on a site. Accidents on sites and spillage on construction and mining projects are some of the main causes of contaminated land.
Contamination can occur and be discovered immediately, but in some cases, contamination may have happened in the past. Outdated materials with unknown toxic effects have been used on sites in the past causing a history of contamination.
Queensland officials manage land and site contamination with the Environmental Management Register or the EMR and the Contaminated Land Register or the CLR. The EMR and the CLR hold public registries with files and information on all registered contaminated land in Queensland. The EMR is also responsible for tracking land that is potentially contaminated or may have been exposed to a potentially harmful substance or toxin.
The EMR – Environmental Management Registry
The EMR manages a list of land on which specific activities or notifiable events occurred, or are occurring on the land. The EMR also provides a list of land that has been deemed contaminated. When land has been confirmed to have been affected by an unsafe or hazardous chemical, contaminant, or substance.
Land listed in the EMR which has been affected by a notifiable activity indicates that there is a high probability that the land will be deemed contaminated after further investigation. Land listed on the EMR does not necessarily require cleaning or vacancy. The determination of the status of a piece of land listed on the EMR depends on the specificities of the nature of the potential contamination. The extent of risk and the nature of the contamination should be determined by a qualified investigator or professional.
The EMR also tracks and files information on the details of land that has been determined contaminated. EMR files specific details on the levels of land contamination and how the land should be handled and used. The EMR develops a detailed plan on how contaminated sites should be managed for the safety of human and environmental life on the land.
The CLR – Contaminated Land Registry
When land is deemed dangerous and contaminated, it is removed from the Environmental Management Registry to the Contaminated Land Registry. When a land enters the contaminated land registry, it is required for action to be taken to safeguard and remediate the land to prevent harm to the environment and human life.
Listing Contaminated Land on the EMR and CMR
Once land has been exposed to danger or when a notifiable activity has occurred on the land. The EMR is notified or conducts its own investigation to find out additional information. The land is listed on the EMR and CMR when affected or exposed to a harmful chemical or containment.
Land and property owners whose land has been exposed to, or is being exposed to and used for a notifiable activity may list their property on the EMR or the CLR. If a change or a notable event has occurred on the property or land, and the land is exposed to harmful materials or toxins that may cause extreme environmental ramifications, a landowner may report the land for tracking by the EMR and the CMR.
If the EMR and the CMR compile sufficient evidence showing that land should be listed on one of the two lists, the landowner will be served with a show of cause notice. The show of cause will outline the reason and sources for suspicion of contamination or the threat of contamination on the landowner’s property.
Find more information on how and when the land should be listed on the EMR or the CLR here: Listing & Removing Land on the Land Registers
When a landowner receives a show of cause or a summons from the EmR or the CLR, they are given a 20 business day grace period to respond to the summons. Landowners must send notice and show proof as to why the land should not be deemed hazardous and placed on either lists. If a landowner fails to report back to the EMR or CLR in a timely manner, the final decision will be based on the information received that was initially listed on the show of cause noticed. After 5 business of the final decision, the landowner will be notified and required to take action. All shareholders, mortgagees, or beneficiaries of the land will also be notified of decisions from the EMR and the CLR.
Searching EMR & CLR Registers for Contaminated Land
The Environmental Management Register (EMR) and the Contaminated Land Register (CMR) are deemed public and accessible by all members of the Queensland community. The two lists contain a public record of land that has been deemed contaminated or has the potential of being contaminated. Access fees for both lists may vary.
When searching the EMR or CLR for contaminated land, you will have access to a full record of EMR or CLR based on the most recent update at the time of your search. People who are buying properties, starting a new construction project, or creating a new development or reusing a piece of land in Queensland are advised to refer to the EMR and CLR for safety and security reasons.
Here is what you should expect when searching the EMR or the CLR:
- A record that shows if the searched land is listed on the EMR or the CLR
- A record of any contaminated substances are or have been on the land – If Applicable
- A record of any reported notifiable activities that have occurred or been conducted on the land
- Any plans or actions for site management and land renewal.
Here is what you will NOT find when searching the EMR or the CLR:
- Information on any contaminated land that has not been documented by the EMR or CLR due to lack of awareness or notification.
- Information on any land currently experiencing notifiable activity without the knowledge of either the EMR or the CMR
- Any information on any activity or suspicions of land which has not been reported to the EMR or the CLR.
Information Needed to Search the EMR or the CLR
Prior to conducting a search of the EMR or the CLR, there is specific information needed:
- Documented information of the land including Lot information, plan type, and plan number of the land. This information can be found on land ownership documentation like the deed, title, or land registration,
- Valid Visa or Mastercard payment information for any fees applied to your search.
In the case that you are unable to conduct an online search, you can put in your request to the EMR or the CLR through the mail. If you are using the mail method, be sure to post your forms with a cheque payable to the Department of Environment and Science.
You also have the option of delivering your request in person at the Brisbane Department of Environment and Science.
Receiving Results from The EMR & CLR
Searching the online databases of the EMR and the CLR is quick and easy. You should receive your results via email no more than one day after you put in your request.
Requests sent by mail or fax are likely to be received within five to ten business days. You can also choose to pick up your results and the Brisbane Department of Environment and Science.
Contact the EMR & CLR via email in the event you do not receive your search results: EMR.CLR.Registry@des.qld.gov.au.
Methods of Managing Contaminated Land
After the land is reported to the EMR & CMR, there is a general environmental duty to revive the land. Proper permits and tools are required to remove contamination from the land and soil. Queensland law states that all persons have the following environmental responsibilities when dealing with or participating in events that cause the contamination of land:
- Do not carry out any potentially environmentally harmful activities without taking all reasonable measures to minimise damage
- Landowners with land listed on the EMR must ensure that any risk to environmental or human life is acknowledged and managed.