Guideline Contaminated Land Professionals Em1200

Guideline
Contaminated land professionals
Prepared by: Waste and Land Contamination Assessment, Department of Environment and Heritage Protection
State of Queensland, 2014.
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August 2014
Page i 140812 EM1200 Version 2
Department of Environment and Heritage Protection
Contents
Purpose .........................................................................................................................................................................1
1
Contaminated land policy and legislative framework ............................................................................................1

1.1
Regulatory strategy .......................................................................................................................................2
1.2
Environmental Protection Act 1994 (EP Act) ................................................................................................2
1.2.1
Environmental harm and environmental values .......................................................................................2
1.2.2
Environmental duties ................................................................................................................................3
1.2.3
Contaminated land provisions ..................................................................................................................4
1.2.4
Offences ....................................................................................................................................................6
Roles and responsibilities ......................................................................................................................................8

2.1
2.1.1
Notification ................................................................................................................................................8
2.1.2
Assessment and approval of reports and site management plans ...........................................................8
2.1.3
Compliance ...............................................................................................................................................9
2.2
Suitably qualified persons .......................................................................................................................10
2.2.2
Contaminated land auditors ....................................................................................................................11
2.3.1
2.4
Local government .......................................................................................................................................12

Notification ..............................................................................................................................................12
Landowner and occupier responsibilities ....................................................................................................12
2.4.1
Notification ..............................................................................................................................................12
2.4.2
Occupancy agreements ..........................................................................................................................12
2.4.3
Sale of land .............................................................................................................................................13
Contaminated site management process ............................................................................................................13

3.1
Site assessment and remediation process .................................................................................................14
3.1.1
Preliminary site investigation ..................................................................................................................15
3.1.2
Detailed site investigation .......................................................................................................................15
3.1.3
Health and environmental risk assessment and development of a remediation action plan ..................16
3.1.4
Implementation of a remediation action plan and preparation of validation report .................................16
3.2
4
Contaminated land professionals ...............................................................................................................10
2.2.1
2.3
Administering authority .................................................................................................................................8
Site management plans (SMPs) .................................................................................................................16
Contaminated soil disposal..................................................................................................................................17

4.1
When a soil disposal permit is required ......................................................................................................17
4.2
Applying for a soil disposal permit ..............................................................................................................18
4.3
Deciding an application for a soil disposal permit .......................................................................................18
4.3.1
Waste and resource management hierarchy ..........................................................................................19
4.3.2
Soil treatment and the ASC NEPM 1999 (as amended in 2013) hierarchy of remediation options .......19
4.3.3
Soil separation ........................................................................................................................................19
References..................................................................................................................................................................21
Appendix 1 Reporting requirements checklist .........................................................................................................24
Appendix 2 Sample draft site management plan template ......................................................................................31
Page ii 140812 EM1200 Version 2
Acronyms list
ANZECC
Australian and New Zealand Environment and

Conservation Council
ASC NEPM
National Environmental Protection (Assessment of

Site Contamination) Measure 1999
CCME
Canadian Council of Ministers of the Environment
CLR
Contaminated Land Register
DoH
Department of Heath
DQO
Data Quality Objectives
EHP
EIL
environmental investigation levels
EMR
Environmental Management Register
EP Act
Environmental Protection Act 1994
GED
General Environmental Duty
HIL
health investigation levels
HSL
Health Screening Levels
IDAS
Integrated Development Assessment System
LGA
Local Government Area
NEPCA 1994
National Environment Protection Council Act 1994
PHC
petroleum hydrocarbons
QWRRS
Queensland Waste Reduction and Recycling Strategy

20102020
RAP
Remediation Action Plan
RHU
Radiation Health Unit, within Queensland Health
SAIC
Soil Asbestos Investigation Criteria
SAQP
Sampling and Analysis Quality Plan
SDP
Soil Disposal Permit
SMP
Site Management Plan
SQP
Suitably Qualified Person
SP Act
Sustainable Planning Act 2009
SP Regulation
Sustainable Planning Regulation 2009
TPR
Third Party Reviewer under the administrative system

in place prior to the introduction of the Greentape
amendments and auditor system in 2013.
UXO
Un-exploded Ordinance
Page iii 140812 EM1200 Version 2
Purpose
The purpose of this guideline is to provide guidance to contaminated land professionals about how contaminated
land is managed and regulated under the Environmental Protection Act 1994 (EP Act) in Queensland. This
includes:
advice on demonstrating use of acceptable environmental standards to appropriately assess contaminated

land matters;
the administrative actions required for maintaining the Environmental Management Register (EMR) or
Contaminated Land Register (CLR); and
the obligations of relevant stakeholders for notifying the administering authority for when land is considered
contaminated and/or is causing environmental harm.
It will also assist contaminated land professionals to understand how contaminated land is managed when
considering development and/or a change in land use, as the same environmental standards apply for proposals
which may require assessment under other legislation such as compliance assessment under the Sustainable
1
Planning Act 2009 (SP Act) .
While this guideline has been prepared principally for use by contaminated land professionals, it is also useful for
other industry groups, planning authorities, developers, lenders, property insurers or valuers, property owners and
other members of the community to understand how contaminated land is managed and regulated in Queensland.
1 Contaminated land policy and legislative framework

Contaminated land includes land that has been contaminated by a hazardous contaminant (such as heavy metals,
asbestos, pesticides and/or hydrocarbons) which poses or may pose a risk to human health or the environment. In
some instances, land contamination is a historical problem that may have been the result of poor environmental
management, waste disposal practices or accidental spills while undertaking industrial or commercial activities.
These past activities may not have been known to be dangerous at the time, and may have involved chemicals
which have since been banned or are now subject to much stricter controls.
Contaminated land also includes land which has been subject to a number of activities that have been identified as
likely to cause land contamination. These are called notifiable activities and include some common land uses such
as service stations, cattle dips, tanneries, wood treatment sites, landfills, fuel storage and refuse tips. Those sites
where notifiable activities have been conducted are listed on the EMR so that the nature and extent of any actual or
2
potential contamination can be assessed if the land use is changed to a sensitive land use . A site investigation
undertaken by a suitably qualified person (SQP) determines the extent of any contamination and what uses the site
may be suitable for. This site suitability is a consideration made under the SP Act in approving future permissible
uses.
One final category of at risk land is those sites identified as being subject to an Area Management Advice (AMA),
issued by the Department of Environment and Heritage Protection (EHP). There are currently 2 AMAs for sites in
Queensland which may be affected by un-exploded ordnance (UXO). UXO is ammunition such as artillery shells,
For further information on the assessment processes related to contaminated land under the SP Act refer to the Guideline: managing
contaminated land under the Sustainable Planning Act 2009 available on the Qld Government website at:
www.qld.gov.au/environment/pollution/management/contaminated-land
2
Sensitive land use (as defined in the State Planning Policy 2013) means a use that is a child care centre, community care centre, community
residence, dual occupancy, dwelling house, educational establishment, health care services, hospital, multiple dwelling, relocatable home park,
residential care facility, retirement facility, short-term accommodation, tourist park.
Page 1 140812 EM1200 Version 2
mortar bombs and grenades that have not detonated. In Queensland, most UXO is found on former training areas
and firing ranges used by Australian and Allied Defence Forces, particularly those used during World War II. UXO
may detonate if disturbed, causing a potential safety risk. Because of this risk, any person wanting to reconfigure or
make a material change of use on land for which an AMA applies requires a development assessment under the
SP Act. For the purposes of this guideline, UXO-affected land is not considered to be contaminated land or land
that has been used for a notifiable activity.
1.1 Regulatory strategy

EHPs regulatory strategy outlines the long-term vision for how environmental and heritage matters will be
regulated in Queensland. The regulatory strategy will ensure EHP is responsive to the needs of government,
industry and the community without compromising the environment.
The regulatory strategy commits EHP to:
working collaboratively with industry and the community to develop standards to manage and protect the
environment and heritage places;
reducing red tape by streamlining the process of applying for approvals from the department, and imposing
approval conditions that focus on the outcomes the client must achieve;
increasing its monitoring of clients to check that they are complying with their obligations; and
taking strong enforcement action where necessary.
In this case, EHP recognises that contaminated land professionals play an important role in ensuring that land
contamination matters are adequately assessed and appropriately managed to ensure the environment and the
community are protected. As such, EHP has developed guidance material such as this guideline to inform
contaminated land professionals about their roles and responsibilities in the assessment and management of
contaminated land in Queensland.
1.2 Environmental Protection Act 1994 (EP Act)

The EP Act is the primary legislation applicable for assessing and managing environmental matters in Queensland,
including land contamination. The EP Act includes provisions in Chapter 7, Part 8 which enable the administering
authority to assess and make decisions on reports and plans regarding contaminated land. These decisions can
also be used to inform land use planning decisions under the SP Act.
Below are some of the key sections of the EP Act that all contaminated land professionals need to possess a clear
understanding of, in performing their role under this legislation.
1.2.1 Environmental harm and environmental values

A number of activities including conducting a notifiable activity may result in environmental harm being caused.
Environmental harm is any adverse effect, or potential adverse effect (whether temporary or permanent and of
whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance.
Environmental harm may be caused by an activity whether the harm is a direct or indirect result of the activity; or
whether the harm results from the activity alone or from the combined effects of the activity and other activities or
factors.
An environmental value is a quality or physical characteristic of the environment that is conducive to ecological
health or public amenity or safety. Specific values are identified and declared under environmental protection
policies, including values of waters, air and the acoustic environment. Examples of environmental harm are high
heavy metal concentrations affecting ecological health and sub-surface hydrocarbon vapours affecting public
safety.
The EP Act has three levels of environmental harm, environmental nuisance and material and serious
environmental harm. These are defined in s15, s16 and s17 of the EP Act respectively as:
s. 15
Environmental nuisance
Environmental nuisance is unreasonable interference or likely interference with an environmental value
caused by-
s. 16
(a)
aerosols, fumes, light, noise, odour, particles or smoke; or
(b)
an unhealthy, offensive or unsightly condition because of contamination; or
(c)
another way prescribed by regulation.
Material environmental harm

(1)
Material environmental harm is environmental harm (other than environmental nuisance)(a)
that is not trivial or negligible in nature, extent or context; or
(b)
that causes actual or potential loss or damage to property of an amount, or amounts

totalling, more than the threshold amount but less than the maximum amount; or
(c)
that results in costs of more than the threshold amount but less than the maximum amount
being incurred in taking appropriate action to-
(2)
(i)
prevent or minimise the harm; and
(ii)
rehabilitate or restore the environment to its condition before the harm.
In this sectionmaximum amount means the threshold amount for serious environmental harm.
threshold amount means $5000 or, if a greater amount is prescribed by regulation, the greater
amount.
s. 17
Serious environmental harm

(1)
Serious environmental harm is environmental harm (other than environmental nuisance)(a)
that is irreversible, of a high impact or widespread; or
(b)
caused to an area of high conservation value or special significance; or
(c)
that causes actual or potential loss or damage to property or an amount of, or amounts
totalling, more than the threshold amount; or
(d)
that results in costs or more than the threshold amount being incurred in taking appropriate
action to-
(2)
(i)
prevent or minimise the harm; and
(ii)
rehabilitate or restore the environment to its condition before the harm.
In this sectionthreshold amount means $50000 or, if a greater amount is prescribed by regulation, the greater
amount.
1.2.2 Environmental duties

In general, Chapter 7, Part 1 of the EP Act addresses this by imposing two main duties: the general environmental
duty (GED) and the duty to notify. Environmental harm and these duties are discussed overleaf.
1.2.2.1
General environmental duty (GED)
Section 319 of the EP Act provides that all persons have a GED. Essentially a duty of care, the GED applies to all
persons undertaking activities in Queensland or outside Queensland that may affect Queensland's environment.
This means that everyone is responsible for the actions they take that may affect the environment.
Under the GED, whenever a person carries out an activity (including a notifiable activity) that causes or is likely to
cause environmental harm, they must take all reasonable and practicable measures necessary to prevent or
minimise the harm. For example, hazardous contaminants must not be indiscriminately or negligently released onto
land or allowed to escape into groundwater. To determine what actions need to be taken to meet the GED a person
must consider the:
nature of the harm or potential harm;
sensitivity of the receiving environment;
current state of technical knowledge for the activity;
likelihood of successful application of different measures to prevent or minimise environmental harm that might
be taken; and
financial implications of the different measures as they would relate to the type of activity.
1.2.2.2
Duty to notify
Land contamination may cause or threaten serious or material environmental harm. Where such contamination is
the result of an event occurring during conduct of an activity, Chapter 7, Part 1, Division 2 of the EP Act establishes
a duty to notify such harm. The event may occur because of an act or omission on the part of a person carrying out
an activity or an activity associated with another activity. Examples would include petroleum spillage to
groundwater during a service station activity and unearthing buried asbestos wastes during an earthworks activity.
The harm may be actual or potential, such as it could be considered environmental harm if groundwater is
contaminated and it is reasonable that the contamination may move over time and a person is likely to used
affected groundwater in the future.
Obligations regarding the duty to notify may be established under s320B, s320C or s320D of the EP Act. The duty
to notify applies to a person who becomes aware of such an event described above. It includes employees, land
owners, land occupiers (i.e. those who work live or are in charge of the place) and persons who are engaged as
SQPs or contaminated land auditors. Who must be notified and the timeframes depend upon the status of the
person discovering the harm. For example, an employee or agent must initially notify their employer. As the intent
is to ensure the environment and human health is protected, there must be a reasonable defence for not notifying
the administering authority of environmental harm. The contaminated land provisions of the EP Act also contain
notification requirements. Satisfying the duty to notify under Chapter 7, Part 1, Division 2 of the EP Act does not
remove the requirement to notify under the contaminated land provisions of the Act.
If you require further information in relation to your duty to notify obligations, please refer to the Guideline: The duty
to notify of environmental harm (em467) available on EHPs website www.ehp.qld.gov.au (search for Guideline:
The duty to notify of environmental harm EM467).
1.2.3 Contaminated land provisions

Chapter 7, Part 8 of the EP Act contains the provisions related specifically to contaminated land which are based
on a risk management approach that requires contaminated land to be assessed in relation to its land use. It
involves investigations to determine the risks of the contamination on proposed land use and activities and actions
such as remediation and/or implementation of control measures to ensure human health and the environment is
adequately protected (discussed further below).
The EP Act requires that a landowner, occupier and/or local government notify the administering authority if they
become aware that land is contaminated, to ensure all contaminated land is recorded on the public registers
discussed below. This allows a risk management approach to be taken when appropriate, for example, when a
development is proposed that may pose a change in the risk to human health and/or the environment. The
contaminated land provisions also ensure that when ownership of the land changes, the new owners are made
aware of the land's status and their obligations in relation to managing the contamination on the site. The
management of contaminated land is generally considered as the responsibility of the current land owner.
It is the responsibility of the administering authority to decide if land investigated/managed/remediated should be
placed or removed from the registers and this decision is based on information provided on the contamination
status of the land.
1.2.3.1
Environmental management register (EMR)
The Environmental Management Register (EMR) provides information about whether a site is, or has been,
subjected to contamination by a hazardous contaminant or used for a notifiable activity. Its purpose is to inform the
landowner, any operator on the site, the relevant local government, prospective purchasers and land developers
that the land is or may be contaminated. If the land is listed due to presence of a hazardous contaminant, the EMR
listing will include details about the nature of the contamination. In cases where a site management plan is
approved for the land, the EMR will also include details about the outcomes of site investigations, in particular the
suitable land use(s) for the site and what measures must be in place to manage the contamination, as set out in an
approved site management plan (SMP). It is also a land use planning tool so certain types of land use proposals
are triggered for assessment to ensure the contamination on the site continues to pose no unacceptable risk to
human health and the environment.
Land placed on the EMR does not necessarily require remediation or a change in land use. The listing informs
relevant stakeholders that the land is considered contaminated, or potentially contaminated, and that they need to
do one or more of the following:
Undertake an investigation to determine whether contamination on the site poses a risk to human health and/or
the environment, having regard to the intended/actual use, including offsite contamination to neighbouring sites
and the environmental setting.
Identify whether a site management plan is required to implement measures to ensure the contamination is
being appropriately managed to allow the existing or intended land use and to prevent environmental harm.
Identify whether remediation is required in order for the land to be suitable for its current or intended future or to
prevent serious environmental harm to a person, animal or another part of the environment.
Even when sites are considered suitable for the intended use or have been remediated to allow a certain use, they
may still be listed on the EMR. For example, a service station site suitable for its commercial use, will be listed on
the EMR. This is because the EMR listing can be used to notify future landholders that the land is still contaminated
so they can determine whether a proposed new use will be affected by the contamination present on the site. Only
sites validated as no longer contaminated and considered suitable for any use will be removed from the EMR.
1.2.3.2
Contaminated land register (CLR)
The CLR is a register of sites for which a site investigation has demonstrated a level of contamination that is
causing or may cause serious environmental harm to persons or the environment and the administering authority
has decided that action needs to be taken to remediate the land in order to prevent the harm. This may include the
movement of sites already on the EMR onto the CLR, where it has been demonstrated that the contamination is
not being appropriately managed on the site.
Actions taken could include:
technical measures or physical barriers to prevent the migration of contaminants;
on-site remediation to reduce contaminant concentrations to levels suitable for the intended use; and/or
full removal of contaminants and off-site treatment to prevent serious or material environmental harm or public
health risks.
1.2.3.3
Contaminated land searches
As a first step any person who is proposing purchasing or developing land should conduct a search of the EMR
and CLR to see if the land is listed. This search is commonly conducted as part of due diligence during land
conveyancing in Queensland. There is a relatively small administrative cost associated with this search.
Information regarding a search of the contaminated land register or environmental management register, or both, is
available at https://products.ehp.qld.gov.au/shopping/home.
1.2.3.4
Investigation of land on the EMR or CLR
Division 3 of the contaminated land provisions in the EP Act provides that investigations of land on the EMR or
CLR may be undertaken by a person either voluntarily (normally in relation to a proposal to change land use) or by
notice from the administering authority.
If land is on the EMR, the administering authority can only remove the land from the registers upon approval of a
submitted site investigation report and/or validation report showing that the land is no longer contaminated or
evidence is provided that the land was placed on the EMR by administrative error. The evidence provided must
demonstrate to the administering authoritys satisfaction that either:
no notifiable activity occurred on the site; or
the notifiable activity has ceased and the land has not been contaminated; or
the land has been remediated and is no longer contaminated.
Details regarding the technical requirements for the management of land on the EMR are provided in Section 3 of
this guideline.
1.2.3.5
Remediation of land
Division 4 of the contaminated land provisions of the EP Act provides that the remediation of land on the EMR or
CLR may be undertaken by a person either voluntarily (normally in relation to a proposal to change land use) or by
requirement of, or preparation by, the administering authority. Land is removed from the EMR after remediation
work is complete and a validation report has been submitted which sufficiently demonstrates to the administering
authority that the land is no longer contaminated.
Land can also be transferred from the CLR to the EMR where a validation report demonstrates to the administering
authority that remediation has reduced the contamination sufficiently, that the environmental and human health
risks from residual contamination can be managed under a site management plan (SMP) and that SMP has been
approved by the administering authority.
Details regarding the technical requirements for the remediation and validation of land on the EMR and CLR are
provided in Section 3 of this guideline.
1.2.3.6
Site management plans
Division 5 of the contaminated land provisions of the EP Act enable the preparation of SMPs for land on the EMR
as often it is not practicable to remove all contamination from a site. In such circumstances, the administering
authority can approve SMPs for land, which states how a site will be managed in order to prevent environmental
harm and/or risks to persons. Once approved, SMPs are recorded on the EMR and can be provided with any
related search of the register. SMPs may be prepared and submitted by a person voluntarily (normally in relation to
a proposal to change land use) or may be required or prepared by the administering authority.
Details regarding the technical requirements for SMPs are provided in Section 3 of this guideline and a sample
template is provided in Appendix 3.
1.2.4 Offences
The EP Act provides for a number of offences related to contaminated land as a deterrent from causing
environmental harm and for the efficient implementation of the legislation. Examples of the relevant offences are
discussed in the following sections. Note that under the Penalties and Sentences Act 1992, penalties for an offence
committed by a corporation are five times the corresponding penalty for an individual that are outlined below.
1.2.4.1
Contravention of a site management plan
As discussed above, sites on the EMR may be subject to an approved SMP. SMPs are approved when the
administering authority is satisfied the proposed management measures will adequately manage the risk of any
residual contamination and monitoring will validate the effectiveness of the management measures.
Conversely, not implementing an SMP, including undertaking the required monitoring, increases the risk to the
environment and/or public health. To ensure SMPs are implemented s434 of the EP Act makes it an offence to
3
contravene an SMP. The maximum penalty for wilfully contravening a SMP is $189,560.25 or two years
imprisonment.
1.2.4.2
False or misleading documents
The administering authority relies on the accuracy and veracity of reports submitted by clients, SQPs and auditors
when making environmental management decisions. It is an offence to submit a document to the administering
authority that contains information that is false or misleading in a particular matter.
3
The maximum penalty for supplying a document which is false or misleading is $189,560.25 or two years
imprisonment.
With regard to auditors performing a function under the EP Act, there is also a code of conduct and auditor
approval conditions that specify that an auditor's approval can be cancelled or suspended if it is determined that
false or misleading information has been provided by an auditor.
1.2.4.3
Environmental harm or nuisance
Environmental harm was defined in Part 1, section 2.1.1 of this guideline. Under the EP Act, the maximum penalty
4
for causing environmental harm ranges between $34,115 (s440(2) unlawful environmental nuisance) up to
5
$474,185.25 or 5 years imprisonment (s437(1) wilful and unlawful serious environmental harm).
Other offences under the EP Act relating to environmental harm include:
s443, placing a contaminant where environmental harm or nuisance may be causedmaximum penalty
6
$18,785.25 ; and
s440ZG, unlawfully deposit a prescribed water contaminant in a water, roadside gutter or stormwater drainage
or another place where it could enter a water, roadside gutter or stormwater drainagemaximum penalty
7
$34,115 (if wilful $95,064.75) .
1.2.4.4
Executive Officer Offence
Executive officers must ensure corporations comply with the EP Act. If a corporation commits an offence the EP
Act, each of the executive officers of the corporation also commits an offence, namely, the offence of failing to
ensure the corporation complies with this Act. The penalty for the contravention is that which applies for an
individual.
$189,560.25 as at 1 July 2014 - Refer to s. 5 of the Penalties and Sentences Act 1992 for the current value of a penalty unit.
$34,115 as at 1 July 2014 - Refer to s. 5 of the Penalties and Sentences Act 1992 for the current value of a penalty unit.
$34,115 (if wilful $95,064.75) as at 1 July 2014 - Refer to s. 5 of the Penalties and Sentences Act 1992 for the current value of a penalty unit.
2 Roles and responsibilities

Managing contaminated land involves all level of government, industry, landowners and the wider community. This
part of the guideline sets out the responsibilities of government, landowners and developers in the prevention,
identification and remediation of contaminated land.
2.1 Administering authority

The entity responsible for the administration and enforcement of the EP Act is the administering authority. While
the administration and enforcement of many parts of the EP Act have been devolved to local government under s.
514, the administering authority for Chapter 7, Part 8 of the EP Act is the chief executive of EHP. Despite being the
administering authority for contaminated land matters, EHP enters into agreements with other State Government
agencies with specific expertise. For example, currently under a standing arrangement between EHP and
Queensland Health, the Radiation Health Unit (RHU) provides advice to EHP for the assessment of land
contamination caused by radioactive substances.
EHP is not the administering authority for:
land use decisions under the SP Act about land potentially affected by UXO; or
compliance assessment for land use changes on land listed on the EMR or CLR under schedule 18 of the SP
Reg
For further information about these processes refer to the Guideline: Managing contaminated land under the
Sustainable Planning Act 2009 available at Queensland Government website www.qld.gov.au/environment/ (using
EM1302 as the search term).
2.1.1 Notification
As it is the administering authority's role to decide whether sites are listed on or removed from the register, after
being notified that land should be listed on the EMR or CLR, the administering authority is required to issue a
notice to the landowner. The notice will allow the landowner 22 business days to provide a submission as to why
the land should not be listed on the EMR or CLR. After the period for submissions has ended, the administering
authority will make a decision whether or not to list the land on the EMR or CLR. Where no submission is received,
the administering authority's decision will be based on the initial information provided to list the land.
Any submission by the landowner regarding notification for presence of a hazardous contaminant must include
evidence such as a site investigation report from a SQP that the land is not contaminated or has not been used for
a notifiable activity. Submissions concerning carrying out a notifiable activity must address the nature of past and
present activities carried out on the land.
2.1.2 Assessment and approval of reports and site management plans

Under the EP Act, a person can submit:
a site investigation reporta scientific assessment to determine if contaminants are present on a site and, if so,
whether the contaminants pose a risk to human health or the environment;
a validation report about remediation work undertaken on a contaminated site;
a SMP which outlines how hazardous contaminants will be managed so that they do not pose a risk to human
health or the environment.
The administering authority and/or an approved auditor under the EP Act is currently responsible for the
assessment of these documents. The SQP or applicant must ensure that enough information is provided to enable
the administering authority/approved auditor to assess the report or draft SMP against the prescribed criteria in s.
115C of the Environmental Protection Regulation 2008 (EP Reg).
This assessment generally includes ensuring that work has been carried out in accordance with the technical
requirements identified in this guideline. After assessing and accepting these documents the administering
authority may determine:
land can be removed from the EMR or CLR; or
land should be moved to or from the EMR and CLR; or
contaminated land can be adequately managed for a proposed land use; or
a site management plan is required; and/or
remediation is necessary.
Alternatively, the administering authority may determine that a document in the form submitted, is inadequate and:
refuse it;
request a new document; or
request additional information.
2.1.3 Compliance
As the administering authority, EHP is responsible for monitoring compliance with the contaminated land provisions
of the EP Act. In this role, EHP takes a cooperative approach to managing and monitoring risks to Queensland's
environment. Nevertheless, the community expects EHP, as Queensland's lead environmental agency, to assess
compliance in regard to contaminated land to ensure individuals are discharging their duties and responsibilities
appropriately.
EHP is committed to the proactive management and monitoring of risks to Queensland's environment through the
implementation of a regulatory strategy founded on a targeted and transparent approach to compliance supported
by a modern and strong enforcement capability. A copy of the regulatory strategy can be downloaded from EHP's
website at www.ehp.qld.gov.au.
Where non-compliance matters are encountered, a strong but measured and appropriate response is taken. EHP
has published Enforcement Guidelines which explain what enforcement action will be taken in any given situation
available at www.ehp.qld.gov.au (using enforcement guidelines as the search term).
2.1.3.1
Compliance plans
EHP publishes annual compliance plans which are available from EHP's website at www.ehp.qld.gov.au. Under
these compliance plans EHP is able to implement compliance actions relevant to the management of contaminated
land. Such compliance actions may target:
quality of investigation and validation reports provided;
remediation outcomes achieved; and
implementation of SMPs.
2.1.3.2
Compliance notices
Under the EP Act, the administering authority can issue notices requiring:
site investigations where a preliminary investigation has shown that hazardous contaminants are present (in
accordance with s. 376);
land on the CLR to be remediated and a validation report to be submitted (in accordance with s. 391);
the preparation of a SMP where a site investigation has shown that contaminants present on land require
management to make the land suitable for the proposed use (in accordance with s. 405); and
landowners to manage contamination that has migrated off-site using other statutory tools under the EP Act.
Such notices are issued where there is serious or material environmental harm being caused or the potential for
serious or material environmental harm to be caused by a site listed on the EMR/CLR.
2.2 Contaminated land professionals

The EP Act imposes professional requirements on persons carrying out regulatory functions relating to
contaminated land matters requiring a decision by the administering authority under the EP Act. This is in line with
the regulatory strategy of ensuring that those most qualified and experienced in contaminated land management
are involved in the assessment processes that inform contaminated land management.
Under s. 564 of the EP Act, a regulatory function is:
conducting a site investigation of a site listed on the EMR/CLR;
preparing a validation report; or
drafting a site management plan or amendment of a site management plan.
These regulatory functions are critical for managing contaminated land in Queensland and as such must be
conducted to a high standard to ensure the safety of the community and the environment while supporting the
sustainable development of land in Queensland. Assessment and remediation of contaminated land is conducted
through a site-specific approach and in accordance with relevant guidelines and standards.
2.2.1 Suitably qualified persons

2.2.1.1
Declaration of qualifications
S. 381, s. 395 and s. 410 of the EP Act require persons who perform regulatory functions to be suitably qualified
persons (SQPs). The assessment of contaminated land is a specialised professional area involving a number of
disciplines. SQPs must have a range of competencies and be able to recognise the need for supporting
professional advice beyond their expertise when assessing contamination and its effects on human health and the
environment.
Before performing a regulatory function under s. 564 of the EP Act, an SQP must be able to demonstrate that they
are suitably qualified to assess the proposed contaminated site. This is a self-assessment against the Guideline:
Assessing a suitably qualified person (SQP guideline) available at Queensland Government website
www.qld.gov.au/environment/ (using the title of the guideline as the search term).
The SQP guideline contains information to assist contaminated land professionals in determining whether they are
a SQP for a particular land contamination matter and how a person can make a declaration in support of a positive
self-assessment as a SQP performing a regulatory function.
Persons submitting declarations under s. 566 of the EP Act must ascertain that they are able to act as a SQP in
accordance with this guideline before performing that regulatory function. Under s. 383 and s. 395 of the EP Act,
site investigations and validation reports must be accompanied by declarations from all the SQPs involved in
undertaking the regulatory function and the applicant (the person to whom all information about the investigation is
directed). Where the applicant and the SQP is the same person only one declaration is required.
There are specific criteria that need to be addressed in the declaration to provide assurance to the administering
authority that the SQP holds the relevant qualifications and experience necessary to act as an SQP for the
particular site. A sample template of a SQP declaration can be found in Appendix 1 of the SQP guideline.
2.2.1.2
Prescribed criteria
In order for a decision to be made on a submitted report or draft SMP, an SQP must ensure that it contains enough
supporting information to adequately address the prescribed criteria from s. 115C of the EP Reg. This allows for an
auditor and/or EHP to assess:
1. whether the report or plan provides evidence that the site is suitable for a stated use;
2. whether the site is contaminated in a way that is a risk to another part of the environment or human health;
3. if the report or plan provides evidence that the site is contaminated, the extent it is and the uses that may be
suitable;
4. if the plan sets out objectives to be achieved and maintained, the proposed objectives and methods are
appropriate;
5. if the plan sets out monitoring and reporting compliance measures for the site, the reporting and compliance
measures are appropriate.
As such the report or plan must at least include the following:
information about the reasons for its listing on the EMR/CLR;
a description of the surrounding area of the site that identifies any potential sensitive areas such as water,
wetlands, stormwater, environmentally sensitive areas;
description of all surface and subsurface infrastructure on the site, including details of the location, size and type
of the infrastructure;
details about any waste or product disposed of or stored on the site that may contain hazardous contaminants;
a description of land uses in the surrounding area, including sensitive land uses that may affect the safety of the
site or cause a risk to human health or another part of the environment;
a description of all activities carried out in the surrounding area that may affect the safety of the site or cause a
risk to human health or another part of the environment;
a description of the geology and hydrogeology of the site;
details of any environmentally relevant activities or notifiable activities on the site;
details of any earthworks carried out on the site;
details regarding any remediation to be carried out on the site.
2.2.2 Contaminated land auditors

In order to streamline the assessment and management of contaminated land matters, the administering authority
has introduced an approved auditor system to allow third party experts to be involved in the assessment and
regulation of certain environmental matters under the EP Act. Auditors approved under Chapter 12, part 3A,
division 2 of the EP Act for contaminated land matters can evaluate and certify site investigation reports, validation
reports and/or draft SMPs.
When auditing a report or SMP an approved auditor must submit an auditor report and declaration under s. 574C of
the EP Act with any reports submitted to the administering authority. The auditor report must specify that the
prescribed criteria (see section above) have been achieved and state clearly that the auditor is certifying the
submitted report and the land use suitability.
Auditors are also responsible for carrying out compliance assessment under schedule 18 of the SP Reg where an
applicant wishes to make a material change of use to a sensitive land use, or commercial use involving an
underground facility, on land listed on the EMR or CLR. Refer to the following two guidelines for further information
available at www.qld.gov.au/environment/ (using EM1301 or EM1302 as the search term).
1. Managing contaminated land under the Sustainable Planning Act 2009 (EM1302)
2. The prescribed Contaminated land assessment guideline (version 1) (EM1301)
Many applicants may wish to engage an auditor early in the life of a project to increase the efficiency of the
auditors role and further streamline the assessment and approval of complex projects. It can also improve the
certainty that certification against the regulatory requirements will be achieved.
For further information about applying to become an auditor refer to the draft prescribed guideline Contaminated
land auditors under Chapter 12, Part 3A available at www.qld.gov.au/environment/ (using the title as the search
term).
NOTE: The mandatory involvement of contaminated land auditors in contaminated land assessments under the EP
Act is currently being considered by the administering authority. The decisions regarding this will be made in early
2015.
2.3 Local government

2.3.1 Notification
Local governments play a pivotal role in the identification of contaminated land. Under the EP Act, all local
governments in Queensland are required to notify the administering authority of land that is currently used for
notifiable activities within their local government area. This is to enable it to be included on the EMR. This
information is gathered by local governments through sources such as historical information, aerial photographs,
local knowledge and town planning records. Following advice from EHP that land has been included on the
EMR/CLR, the local government must maintain a record of this land for reference in land use planning application
processes and for decision making relating to development approvals.
The information provided to local government regarding the inclusion of land on the EMR/CLR is for internal use
only. Members of the public requiring information about land recorded on the EMR/CLR are required to complete a
public search (see section 1.2.3.3).
2.4 Landowner and occupier responsibilities

2.4.1 Notification
If the owner or occupier of land becomes aware that a notifiable activity is being carried out on the land or if the
land has been, or is being, contaminated by a hazardous contaminant, under s. 371 of the EP Act the owner or
occupier must notify the administering authority within 22 business days. Notification under s. 371 must be in the
approved form.
8
The maximum penalty for failing to give notification under s. 371 is $11,385 . If a landowner becomes aware that
contamination on their land is causing environmental harm, they must notify the administering authority
immediately.
Note: Any disposal of soil from the site is strictly prohibited without a soil disposal permit, which can only be
obtained once the land has been listed on the EMR (see section 4). Contaminated soil is not considered a
regulated waste under schedule 7 of the EP Reg and is therefore unable to be managed using a waste tracking
certificate.
2.4.2 Occupancy agreements

If land is recorded on the CLR and the owner of the land has entered into, or proposes to enter into, an agreement
with another person about occupancy of the land, under s. 420 of the EP Act, the owner must give written notice to
the other person regarding the land being recorded on the CLR.
9
The maximum penalty for not giving notice under s420 is $5,692.50 . Further, if the owner does not give notice as
required under s. 420 of the EP Act, the person who has entered into the occupancy agreement may terminate the
agreement by written notice given to the owner within 10 days of becoming aware the land is recorded on the CLR.
$11, 385 as at 1 July 2014 - Refer to s. 5 of the Penalties and Sentences Act 1992 for the current value of a penalty unit.
$5, 692.50 as at 1 July 2014 - Refer to s. 5 of the Penalties and Sentences Act 1992 for the current value of a penalty unit.
2.4.3 Sale of land

Under s. 421 of the EP Act, anyone selling or otherwise disposing of land that is listed on the EMR/CLR is required
to give written notice of the land's EMR status to any potential buyer. This ensures that potential buyers of land are
aware of relevant past or present land use practices and any SMP before purchasing the property.
10
The maximum penalty for not giving notice under s421 of the EP Act is $5,692.50 . Further, if the owner does not
give notice as required under s. 421 of the EP Act, the buyer may rescind the agreement by written notice given to
the owner. On rescission of the agreement, any money paid by the buyer to the person must be refunded.
3 Contaminated site management process

The assessment of contaminated land matters under the EP Act can be a staged process. Often it begins with an
investigation to determine if the site should be recorded on the EMR or CLR or to assess whether the identified
contamination poses a risk to the environment or human health based on the current/proposed land use. A general
process for assessment of site contamination in Schedule A of the National Environmental Protection (Assessment
of Site Contamination) Measure 1999 (ASC NEPM 1999) is helpful in assisting in the determination of the stage
required. It is discussed briefly below.
11
The ASC NEPM 1999 is the premier guidance document in Australia for the assessment of site contamination. It
was recently amended in 2013. The ASC NEPM 1999 (as amended in 2013) establishes a nationally consistent
approach to the assessment of site contamination to ensure sound environmental management practices by the
community, including regulators, site assessors, environmental auditors, landowners, developers and industry. In
doing so, it provides adequate regulation of human health and the environment where site contamination has
occurred, through development of an efficient and effective national approach to the assessment of site
12
contamination.
In keeping with the National Environment Protection Council Act 1994, the administering authority has adopted the
ASC NEPM 1999 (as amended in 2013) for the assessment of contaminated land. This is a comprehensive
guidance document that outlines the risk assessment process for assessing a number of contaminated land
assessments. For assistance, a good starting point is Schedule A of the ASC NEPM 1999 (as amended in 2013)
which provides a summary of the general process for contaminated land assessment and Schedule B which
provide guidance on the possible ways of achieving the desired environmental outcome (Part 3 of the Measure) for
the assessment of site contamination. This includes the following guidance on:
investigation levels for soil and groundwater
site characterisation
laboratory analysis of potentially contaminated soils
site-specific health risk assessment methodology
ecological risk assessment
methodology to derive ecological investigation levels in contaminated soils
ecological investigation levels for Arsenic, Chromium (III), Copper, DDT, Lead, Naphthalene, Nickel and Zinc
framework for risk based assessment of groundwater contamination
10
$5, 692.50 as at 1 July 2014 - Refer to s. 5 of the Penalties and Sentences Act 1992 for the current value of a penalty unit.
11
Internet access 14 May 2012, www.ephc.gov.au/contam/pcdocs
12
Internet access 14 May 2012, www.ephc.gov.au/contam/pcdocs
derivation of health-based investigation levels

community engagement and risk communication
competencies and acceptance of environmental auditors and related professionals.
NOTE: The administering authority requires best practice is applied at the time of submission to the administering
authority and as such, the ASC NEPM 1999 (as amended in 2013) must be considered as a minimum in
undertaking any land contamination risk assessment to inform the finding/recommendations for any site
investigation report, validation report or site management plan submitted to the administering authority for a
decision. Not properly considering these documents when preparing contaminated land submissions may result in
either:
a)
a refusal of the application; or
b)
the requirement of another report; or
c)
the requirement of a submission of additional information.
Other guidelines and reference material, for example, specific chemical toxicity assessments, may be used when
preparing reports for the management of contaminated land where such material augments or enhances the
information provided in the ASC NEPM 1999 (as amended in 2013).
Where Queensland waters including groundwater are affected by the contamination, the assessment must also be
guided by the Environmental Protection (Water) Policy 2009, which includes scheduled environmental values and
prescribed water quality objectives to protect these values for all Queensland waters. For some localities, more
specific environmental values and objectives are also prescribed under schedule 1 for particular waterway
catchments. To view these, refer to the EHP website at http://www.ehp.qld.gov.au/ (using schedule 1 of EPP
water as the search term). Further information is contained in the Queensland Water Quality Guidelines available
at http://www.ehp.qld.gov.au/ (using Queensland Water Quality Guidelines PDF as the search term).
3.1 Site assessment and remediation process

Contaminated site management is broadly classified into four (4) stages:
Stage 1
Preliminary site investigation
Stage 2
Detailed site investigation
Stage 3
Health and environmental risk assessment and development of RAP (if remediation required)
Stage 4
Implementation of RAP and preparation of validation report
The reports in the above stages may be prepared separately or combined in various ways, however each report
must be able to stand alone, containing sufficient information to be readily understood. Where relevant information
has been included in previous reports, a summary of the report should be included in the current report.
The following sections of this guideline discuss the reporting requirements for each stage. At each stage, the SQPs
must present their findings clearly in a sound and reasoned manner. Uncertainties in the investigation need to be
clearly identified. The basis for conclusions and recommendations must be included. Appendix 1 provides a
reporting checklist for reporting requirements to assist SQPs in the preparation of reports.
The most efficient use of resources during an investigation will be achieved by the development of data quality
objectives (DQOs). AS4482.1 & 2 and the ASC NEPM 1999 (as amended in 2013) - Schedule B(2) guideline on
site characterisation, data collection, sample design and reporting (or equivalent) must be used to assist with the
determination of the DQOs and the most appropriate sampling pattern and density of sampling for the particular
site under investigation. Reports provided will require any sampling and analysis to be completed in accordance
with a sampling and analysis quality plan (SAQP).
3.1.1 Preliminary site investigation

In some cases such as listing of land on the EMR for a notifiable activity, only a preliminary investigation may be
required. A preliminary site investigation report includes the following components:
all past and present potentially contaminating activities;
details of all potential contamination types;
discussion of the site condition;
preliminary assessment of the site contamination based on a basic sampling program to determine the
presence of contamination; and
an assessment of the need for further investigation.
An essential part of a preliminary site investigation is the preparation of a comprehensive site history to identify all
past and present potentially contaminating activities (including the potential for importation of contaminated fill).
Information obtained from the site history research should be used to assess the potential for contamination on the
site and determine the most appropriate locations for sampling.
A preliminary site investigation often informs the administering authority of the status of that land on the registers.
Submissions must incorporate investigation of the entire real property description area of the site and not be limited
to the area of the notifiable activity. Only where a detailed, accurate and reliable site history is available may the
investigation be confined to known areas of contamination risk.
3.1.2 Detailed site investigation

A detailed site investigation is required when the results of a preliminary site investigation indicate potential or
actual contamination is present and it is unclear the extent and/or degree of contamination. The detailed site
investigation should delineate the lateral and vertical extent of contamination and provide information about:
maximum, distribution and average concentrations of the various contaminants;
leachability and mobility of contaminants;
the presence of any phase-separated hydrocarbons;
potential for groundwater or stormwater contamination;
potential for volatile organic compound migration into indoor spaces or services;
potential for adverse impacts on air quality on-site (e.g. asbestos, contaminated dusts);
possibility of off-site migration through soil, surface water, groundwater or air dispersal; and
potential impacts on health of persons and the environment.
The decision on how to proceed in the second stage of an investigation will be determined by site history, soil
morphology and the need to sample the natural ground in cases where fill material is present. The extent of fill
across the site should be delineated and representative samples collected from each fill type.
Close sample spacing is required when delineating a known zone of contamination. Where a point source of
contamination is identified, the extent and depth of the contaminated area needs to be defined by sampling, using
the site history to guide the type and density of sampling.
Surface and groundwater should be sampled where present if analysis of contaminant pathways suggests they
may have been impacted by contaminants from the site. Some additional samples should be taken in areas not
expected to be contaminated in order to establish local background levels and infer groundwater flow directions.
Remediation will be required if the results of the detailed site investigation indicate that the site poses unacceptable
risks to human health or the environment.
3.1.3 Health and environmental risk assessment and development of a remediation

action plan
The results from the site investigation should be used to determine the health and environmental risks in
accordance with the ASC NEPM 1999 (as amended in 2013) and any other standard considered relevant. When
the results of a contaminated site investigation and risk assessment indicate that some remediation is required
before the site would be suitable for the current or proposed land use, a RAP will be required which includes:
volumes of soil requiring remediation;
remediation goals that ensure the remediated site/s will be suitable for the proposed or current use and will pose
no unacceptable risk to human health or to the environment;
details of procedures and plans to be implemented to reduce risks to acceptable levels for the proposed site
use;
environmental safeguards required to complete the remediation in an environmentally acceptable manner; and
identification and proof of any necessary approvals and licences required by regulatory authorities were
acquired, including soil disposal permits (full details regarding soil disposal permits are provided in Part 4 of this
guideline.
The presence of separate phase hydrocarbons and/or landfill gas requires careful consideration in regard to health,
environmental, fire and explosive risks. The presence of separate phase hydrocarbons and/or landfill gas may
necessitate active management to reduce quantified, unacceptable environmental or human health risks.
It is not a statutory requirement for the administering authority to approve RAPs. The RAP could be used to
demonstrate that the identified contamination can be managed under a SMP as it will be removed/remediated on
the site or could inform the department in assessing a validation report that remediation has been successful.
3.1.4 Implementation of a remediation action plan and preparation of validation report

It is essential to validate that a site has been satisfactorily remediated according to the objectives identified in the
RAP. This is achieved by conducting a validation sampling program. Validation reports must document the
remediation works (including soil disposal locations and volumes, transport details, etc.) and statistically confirm
that the site has been remediated according to pre-determined remediation goals identified in the RAP. The extent
and density of sampling required will be established in accordance with the DQOs for the project.
3.2 Site management plans (SMPs)

SMPs are necessary to ensure the contamination present on the site is adequately managed to prevent
environmental harm that may be caused by the use or development of, or activities carried out on the land. In many
instances, contaminants may be present on site (e.g. in deep soils below the ground) but, for the existing or
proposed use, it may be more practical and present less environmental and/or health risk for the contaminants to
be safely managed on-site under specified conditions. These conditions would form the body of a SMP for how the
site must be managed.
In accordance with s. 402 of the EP Act, the minimum requirements that must be included in a SMP are:
a. a statement of the objectives to be achieved and maintained under the SMP;
b. a statement of how the objectives are to be achieved and maintained;
c.
provision for the monitoring and reporting of compliance with the SMP.
When preparing a SMP it is imperative that the requirements of b. and c. above are measurable by the site
operator and able to be reported against. If critical requirements are not expressed in a measurable format, the
administering authority will refuse the SMP, require another SMP or require additional information. It is also
necessary that a SMP outline the means by which the site and monitoring records can be accessed by authorised
officers for compliance assessment purposes. This necessity is consistent with the requirement for a SMP to "make
provision for monitoring and reporting compliance with the plan" as outlined in s. 402(c) of the EP Act.
In practice, sites managed by the use of a SMP are issued with a suitability statement which details the acceptable
uses and activities of the land (relating to exposure to the contamination) and the land remains on the EMR.
In cases of low risk contamination, the SMP may be a simple one or two page document with minimal conditions
relating to excavation and removal of the soil with a supporting plan describing the contamination. In cases
involving more significant contamination, the SMP may have more complex conditions including requirements for
monitoring groundwater and details on the construction and maintenance of underground containment cells to
ensure the contamination remains contained over time.
Under s. 403(2) and s. 404(c) of the EP Act, any draft SMP (or any amended draft SMP) submitted for approval by
a person who is not the land owner must be accompanied with a signed statement of consent agreeing with the
draft SMP (or amended draft SMP) from the land owner. The draft SMP (or amended draft SMP) and statement of
consent must include the following details:
full site description covered by the SMP, i.e. real property description and address;
registered owner details. If the registered owner is a company the statement of consent must also include the
relationship of the person giving the consent to the company (e.g. Managing Director) and state that they are
authorised to give consent on behalf of the owner; and
the version of the draft SMP (amended draft SMP) under a version control system. The SMP should include
details of a version control system that can be used for future amended draft SMPs.
A sample SMP template, with example management, monitoring and reporting actions is included in Appendix 2.
A draft SMP must contain monitoring and reporting requirements for the life of the SMP to ensure it is
demonstrated the contamination is being safety managed on the site. If the administering authority conducts a
compliance assessment of a contaminated site with an approved SMP, the site owner/occupier will be required to
demonstrate the SMP has been complied with and the SMP is effective at managing the contamination on the site.
If the requirements set in a SMP need to be changed, the mechanism is an amendment to the SMP, approved by
the administering authority.
4 Contaminated soil disposal

The purpose of soil disposal permits is to ensure that contaminated soil is not illegally disposed of and to ensure
that the disposal of soil does not lead to the creation of new sites becoming contaminated. Under the EP Act, land
holders/occupiers are responsible for any contaminated soil generated as a result of activities conducted on the
property. Under s. 424 of the EP Act, contaminated soil must not be removed from sites listed on the EMR/CLR
without a soil disposal permit. If notification has not been received by EHP that the land may be contaminated and
the site is not yet recorded on the EMR or CLR soil must not be disposed of offsite. Contaminated soil is not
considered a regulated waste under schedule 7 of the EP Reg and is therefore unable to be managed using a
waste tracking certificate.
4.1 When a soil disposal permit is required

The administering authority is committed to minimising the quantities of material (including contaminated soil)
disposed to landfill. However, soil cannot always be remediated on site to achieve the goals contained in a RAP
due to the intractable nature of the contaminants and/or risk of environmental harm (including environmental
nuisance) being caused during remediation.
S. 424 of the EP Act requires that a soil disposal permit must be obtained from the administering authority before
removing contaminated soil from any land that is recorded on the EMR/CLR (either for off-site treatment or
disposal) or contaminated soil is brought into the State of Queensland. Soil disposal permits are issued for a
specified volume of soil and stipulate the place of disposal/treatment and any conditions relating to soil removal,
treatment and disposal. Soil disposal permits are granted when the risks associated with the transport of the
contaminated soil can be adequately managed.

A soil disposal permit is not required to move contaminated soil from one location to another contaminated location
on the same site listed on the EMR/CLR. Such movement of soil, however, must be undertaken:
with all measures necessary to:
o follow the GED; and
o ensure a previously uncontaminated area is not contaminated; and
in compliance with any SMP that has been approved for the site.
4.2 Applying for a soil disposal permit

An application for a soil disposal permit must include the following information:
a completed Part A - General details for all applicants form;
a completed Part B - Application for contaminated soil disposal permit form;
a copy of the certificate of title for the site from which the soil is to be removed;
a copy of the certificate of title for the receiving site (only if soil is not going to an approved landfill);
copies of all laboratory reports of soil analyses and leachate testing results (the nominal sampling frequency for
stockpiles that demonstrate what contaminants are present and at what concentrations they are present in
accordance with the NEPM or any alternative applicable standards. Details of leachability of the soil
contaminants must be supplied to demonstrate the soil meets relevant landfill criteria;
written acceptance of the soil from the owner of the disposal/treatment site, stipulating that the soil can legally
be received at the site and it is in compliance with any site specific conditions that may appear on, for example,
an environmental authority or development approval. It is an Environmentally Relevant Activity to treat
contaminated soil to render it non-hazardous or less hazardous.
plan showing location of sampling sites in relation to contamination source; and
a completed notification form (if site is not already listed on the EMR/CLR).
In situations where a relevant site investigation report has already been lodged with the administering authority, it is
not necessary to resupply the information provided the soil disposal permit application references the relevant
sections of the site investigation report.
4.3 Deciding an application for a soil disposal permit

When deciding whether to grant or refuse an application for a disposal permit, the administering authority must
consider the standard criteria in the EP Act. In particular, the administering authority considers the following as
critical information required in order to decide an application for a soil disposal permit:
the waste and resource management hierarchy (described in section 4.1 below) and waste reduction targets for
waste disposal to landfill under the Queensland Waste Reduction and Recycling Strategy 2010-2020 (the
Strategy);
the hierarchy of remediation options contained in the ASC NEPM 1999 (as amended);
submissions by the applicant which characterise the contaminants in the soil;
the character, resilience and values of the site receiving the soil and whether or not the receiving site is on the
EMR/CLR.
The administering authority can only approve the removal of contaminated soil to a site that is listed on the
EMR/CLR and to a licensed landfill that is authorised to accept the contaminated soil.
4.3.1 Waste and resource management hierarchy

The implementation of the Strategy's waste management hierarchy, as shown in Figure 1, is fundamental to the
management of contaminated sites. Not only would tier one of the Strategy require a reduction in the generation of
contaminated soil for current potentially contaminating activities (as outlined in Part 2 of this guideline), it also
requires that soil be treated and reused on site in preference to disposal which is the last option in the hierarchy.
Figure 1: Waste management hierarchy
4.3.2 Soil treatment and the ASC NEPM 1999 (as amended in 2013) hierarchy of
remediation options
The Strategy's waste management hierarchy is also consistent with the hierarchy of remediation options contained
in the ASC NEPM 1999(as amended). Under the ASC NEPM 1999 (as amended in 2013), the following
preferences apply:
if practicable, on-site treatment of the contamination so that it is destroyed or the associated risk is reduced to
an acceptable level;
off-site treatment of excavated soil, so that the contamination is destroyed or the associated risk is reduced to
an acceptable level, after which soil is returned to the site.
If the above are not practicable then:
consolidation and isolation of the soil on site by containment with a properly designed barrier;
removal of contaminated material to an approved site or facility, followed, where necessary, be replacement
with appropriate material;
Or:
where the assessment indicates remediation would have no net environmental benefit or would have a net
adverse environmental effect, implementation of an appropriate alternative management strategy.
4.3.3 Soil separation

During a detailed site investigation, the full extent of contamination should be delineated before any excavation
commences. Best practice environmental management under the standard criteria requires the separation of highly
contaminated and leachable soils from less contaminated soils and uncontaminated soils. Separation will reduce
volumes requiring specific treatment and will significantly reduce the disposal and treatment costs associated with
highly contaminated soil.
Under no circumstances should contaminated and uncontaminated soils be combined in an effort to reduce
contaminant concentrations by dilution; this is not an acceptable remediation strategy.
References
1. ANZECC, 1999, Guidelines for the Assessment of On-Site Containment of Contaminated Soil, Australian
and New Zealand Environment and Conservation Council, Canberra.
http://www.ephc.gov.au/sites/default/files/ANZECC_GL__Assessment_and_Mgt_of_Contaminated_Sites_1
99201_Hist_0.pdf.
2. ANZECC & NHMRC, 1992, Australian and New Zealand Guidelines for the Assessment and Management
of Contaminated Sites, Australian and New Zealand Environment and Conservation Council and the
National Health and Medical Research Council, Canberra.
http://www.ephc.gov.au/sites/default/files/ANZECC_GL__Assessment_of_on_site_containment_contamina
ted_soil.pdf.
3. CCME, 2008, Canada-Wide Standard for petroleum hydrocarbons (PHC) in soil, Canadian Council of
Ministers of the Environment, Winnipeg.
http://www.ccme.ca/assets/pdf/phc_standard_1.0_e.pdf.
4. DoH and DEC, 2009, Guidelines for the Assessment, Remediation and Management of AsbestosContaminated Sites in Western Australia, Environmental Health Directorate, Perth.
http://www.public.health.wa.gov.au/cproot/3763/2/Guidelines%20for%20AsbestosContaminated%20Sites%20-%20May%202009.pdf.
5. Ecologically Sustainable Development Steering Committee, 1992, National Strategy for Ecologically
Sustainable Development, Department of Sustainability, Department of Sustainability, Environment, Water,
Population and Communities, Canberra.
http://www.environment.gov.au/about/esd/publications/strategy/index.html.
6. Edwards, J.W., Van Alphen, M and Langley, A, 1994, Identification and Assessment of Contaminated Land
Improving Site History Appraisal. Contaminated Sites Monograph Series, No. 3, SA Health Commission,
Adelaide.
7. El Saadi, O and Langley, A, 1991, The Health Risks Assessment and Management of Contaminated Sites:
Workshop Proceedings of the National Workshop on the Health Risk Assessment and Management of
Contaminated Sites, SA Health Commission, Adelaide.
8. Friebel, E and Nadebaum, P, 2011, Health Screening Levels for Petroleum Hydrocarbons in Soil and
Groundwater, CRC CARE Technical Report no. 10, CRC for Contamination Assessment and Remediation
of the Environment, Adelaide, Australia.
9. Langley, A, Markey, B and Hill, H, 1996, The Health Risk Assessment and Management of Contaminated
Sites: Proceedings of the Third National Workshop on the Health Risk Assessment and Management of
Contaminated Sites. Contaminated Sites Monograph Series, No. 5, SA Health Commission, Adelaide.
10. Langley, A and Van Alphen, M, 1993, The Health Risk Assessment and Management of Contaminated
Sites: Proceedings of the Second National Workshop on the Health Risk Assessment and Management of
Contaminated Sites. Contaminated Sites Monograph Series No. 2, SA Health Commission, Adelaide.
11. NEPC, 1999a, National Environment Protection (Assessment of Site Contamination) Measure,
Environment Australia, Canberra.
12. NEPC, 1999b, National Environment Protection (Assessment of Site Contamination) Measure Schedule
B(1) Guideline on the Investigation Levels for Soil and Groundwater, Environment Australia, Canberra.
13. NEPC, 1999c, National Environment Protection (Assessment of Site Contamination) Measure Schedule
B(2) Guideline on Data Collection, Sample Design and Reporting, Environment Australia, Canberra.
14. NEPC, 1999d, National Environment Protection (Assessment of Site Contamination) Measure Schedule
B(4) Guideline on Health Risk Assessment Methodology, Environment Australia, Canberra.
15. NEPC, 1999e, National Environment Protection (Assessment of Site Contamination) Measure Schedule
B(5) Guideline on Ecological Risk Assessment, Environment Australia, Canberra.
16. NEPC, 1999f, National Environment Protection (Assessment of Site Contamination) Measure Schedule
B(6) Guideline on Risk Based Assessment of Groundwater Contamination, Environment Australia,
Canberra.
17. NEPC, 1999g, National Environment Protection (Assessment of Site Contamination) Measure Schedule
B(7A) Guideline on Health-Based Investigation Levels, Environment Australia, Canberra.
18. NEPC, 1999h, National Environment Protection (Assessment of Site Contamination) Measure Schedule
B(7B) Guideline on Exposure Scenarios and Exposure Settings, Environment Australia, Canberra.
19. NEPC, 1999i, National Environment Protection (Assessment of Site Contamination) Measure Schedule
B(8) Guideline on Community Consultation and Risk Communication, Environment Australia.
20. NEPC, 1999j, National Environment Protection (Assessment of Site Contamination) Measure Schedule
B(9) Guideline on Protection of Health and the Environment During the Assessment of Site Contamination,
21. NEPC, 1999k, National Environment Protection (Assessment of Site Contamination) Measure Schedule
B(10) Guideline on Competencies and Acceptance of Environmental Auditors and Related Professionals,
22. Olszowy, H, Torr, P and Imray, P, 1995, Trace Element Concentrations in Soils from Rural and Urban
Areas of Australia, Contaminated Sites Monograph Series No. 4, SA Health Commission, Adelaide.
23. Queensland Department of Environment and Heritage Protection 2009, Queensland Water Quality
Guidelines
www.ehp.qld.gov.au/water/pdf/water-quality-guidelines.pdf
24. Standards Australia, 1999, Australian Standard, Guide to the Sampling and Investigation of Potentially
Contaminated Soil Part 2: Volatile Substances. AS 4482.2 1999, Standards Australia, Homebush.
25. Standards Australia, 2005, Australian Standard, Guide to the Investigation and sampling of of Sites with
Potentially Contaminated Soil Part 1: Non-volatile and Semi-volatile Compounds. AS 4482.1 2005,
Standards Australia, Homebush.
EHP publications
1. DERM, 2010a, Enforcement Guidelines, Department of Environment and Resource Management,
Brisbane.
2. DERM, 2010b, Operational Policy, Third Party Reviewer Terms of Reference, Department of Environment
and Resource Management, Brisbane.
3. DERM, 2011, Guideline - The Duty to Notify of Environmental Harm, Department of Environment and
Resource Management, Brisbane.
4. DEHP Factsheet 6: How to search the EMR and CLR, Department of Environment and Heritage
Protection, Brisbane.
5. DEHP Factsheet 7: Results of a search of the ERM and CLR, Department of Environment and Heritage
Protection, Brisbane.
6. DEHP Factsheet 2: Notifiable activities, Department of Environment and Heritage Protection, Brisbane.
7. DEHP Assessing qualified persons according to sections 381, 395 and 410 of the Environmental Protection
Act, Brisbane.
Legislation
1. Environmental Protection Act 1994
http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/E/EnvProtA94.pdf
2. Environmental Protection Regulation 2008
http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/E/EnvProtR08.pdf
3. Environmental Protection (Water) Policy 2009
https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/E/EnvProWateP09.pdf
4. Sustainable Planning Act 2009
http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/S/SustPlanA09.pdf
5. Sustainable Planning Regulation 2009
http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/S/SustPlanR09.pdf
6. Waste Reduction and Recycling Act 2011
http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/W/WasteRedRecA11.pdf
Appendix 1 Reporting requirements checklist

13
The following checklist has been adopted from that contained in the guidelines for consultants reporting on
contaminated sites developed by the NSW Office of Environment and Heritage. This checklist will assist in a
uniform approach to reporting on contaminated land and ensuring all environmental issues have been addressed
satisfactorily.
The following checklist should be used in conjunction with the objectives of each investigation stage.
Each report section in the checklist indicates if that section needs to be included in each of the types of report.
Inclusion or exclusion of the section is indicted by the following notations:
a checkmark () indicates that the corresponding heading or subject should be included; or
an S indicates that a summary will be adequate if detailed information has been included in a previous
report and no changes have occurred in the interim; or
an R indicates that readily available information should be included; or
an N indicates the section should be included only if no further site investigation is contemplated; or
N/A indicates that the report heading or subject is not applicable and may be omitted.
Under each section, for example executive summary, a comprehensive list of headings and subjects that can be
included within that section in any of the reports is outlined below.
Report sections and
information to be included
Preliminary site
investigation
Detailed site
investigation
Development of
remediation action
plan
Preparation of
validation report
Executive summary
Background
Objectives of the investigation
Grounds for investigation
Scope of works
(Where appropriate) a summary of sampling results in tabulated format containing minimum, maximum,
arithmetic mean and 95% upper-confidence limit on arithmetic mean for each analyte.
Summary of conclusions and recommendations.
Scope of work
A clear statement of the scope of work.

Site identification
13
Street number, street name and suburb
Lot number and registered plan number
Geographic co-ordinates related to a nearby cadastral corner of a State survey Control Marker (where
the contamination is limited to a portion of a lot)
This material is reproduced with minor amendment with the permission of Department of Environment and Heritage, New South Wales.
Report sections and

Preliminary site
investigation
Detailed site
investigation
Development of
remediation action
plan
Preparation of
validation report
Locality map
Current site plan with scale bar, showing north, lot on plan boundaries, local water drainage and other
local environmentally significant features.
Site history
(S)
(S)
(S)
Zoningprevious, present and proposed
Land useprevious, present and proposed
Summary of council rezoning, relevant development and building approvals records
Chronological list of site users, indicating information gaps and unoccupied periods
Review of aerial photographs
Site photographs (with date and location indicated on site maps)
Inventory of chemicals and wastes associated with site use and their on-site storage location
Possible contaminant sources and potential off-site effects
Site layout plans showing present and past industrial processes
Sewer and service plans
Description of manufacturing processes
Details and locations of current and former underground and above ground storage tanks
Product spill and loss history
Discharges to land, water and air
Disposal locations
Filling history (where applicable)
Relevant complaint history
Local site knowledge of residents and staffboth present and former
Summary of local literature about the site, including newspaper articles
Details of building and related permits, licences, approvals and trade waste agreements
Historical use of adjacent land
Local usage of ground/surface waters, and location of bores/pumps.
Site condition and

surrounding environment
(S)
(S)
(S)
Integrity assessment (assessment of the accuracy of information)
Topography
Description of the surrounding natural and built environment
Conditions at site boundary such as type and condition of fencing, soil stability and erosion
Extent and nature of contamination, including any potential or actual migration off-site
Visible signs of contamination such as discolouration or staining of soil, bare soil patchesboth on-site
and off-site adjacent to site boundary
Visible signs of plant stress
Presence of drums, wastes and fill material
Report sections and

Preliminary site
investigation
Detailed site
investigation
Development of
remediation action
plan
Preparation of
validation report
Odours
Condition of buildings and roads
Proximity to surface waters and wetlands
Quality of surface water
Environmental values of surface water
Water quality objectives for surface water relevant to contamination
Flood potential
Stormwater drainage and potential for stormwater contamination
Details of any relevant local sensitive environmente.g. rivers, lakes, creeks, wetlands, local habitat
areas, endangered flora and fauna.
Geology and hydrogeology
(S)
(S)
Soil stratigraphy using recognised classification methods, e.g. AS1726, Unified Soil Classification Table
Location and extent of imported and locally derived fill
Site borehole logs or test pit logs showing stratigraphy
Detailed description of the location, design and construction of on-site wells
Description and location of springs and wells in the vicinity
Depth to groundwater table
Direction and rate of groundwater flow
Details of any separate phase organic chemicals
Direction of surface water runoff
Background water quality
Environmental values of ground water
Water quality objectives for groundwater relevant to contamination
Preferential pathways for migration of contaminants
Summary of local meteorology.
Sampling and analysis plan

and sampling methodology
N/A
Sampling, analysis and data quality objectives (DQOs)
Rationale for the selection of:
Sampling pattern
Sampling density including an estimated size of the residual hot spots that may remain undetected
Sampling locations including locations shown on a site map
Sampling depths
Samples for analysis and samples not analysed
Analytical methods
Analytes for samples.
Report sections and

Preliminary site
investigation
Detailed site
investigation
Development of
remediation action
plan
Preparation of
validation report
Detailed description of sampling methods including:
Sample containers and type of seal used
Sampling devices and equipment e.g. auger type
Equipment contamination procedures
Sampling handling procedures
Sample preservation methods and recognised protocols, e.g. APHA or US EPA SW 846
Detailed description of field screening protocols.
Field quality assurance and

quality control (QA/QC)
(N)
N/A
(N)
Details of sampling team
Decontamination procedures carried out between sampling events
Logs for each sample collectedincluding time, location, initials or sampler, duplicate locations,
duplicated type, chemical analyses to be performed, site observations and weather conditions
The presentation of contamination data and analytical results should be presented as required by the
ASC NEPM 1999. This should include but not be limited to:
o
Chain of custody fully identifyingfor each sample, the sampler, nature of the sample, collection
date, analyses to be performed, sample preservation method, departure time from the site and
dispatched courier(s)
Compliance with the Queensland Monitoring and Sampling Manual for Queensland
Environmental Protection (water) Policy 2009
Sample splitting techniques
Statement of duplicate frequency
Field blank results
Background sample results
Rinsate sample results
Laboratory-prepared trip spike results for volatile analytes
Trip blank results
Field instrument calibrations (when used).
Laboratory QA/AC
(N)
N/A
A copy of signed chain of custody forms acknowledging receipt date and time and identity of samples
included in shipments
Record of holding times and a comparison with method specifications
Analytical methods used
Laboratory accreditation for analytical methods used
Laboratory performance in inter-laboratory trail for the analytical methods used, where available
Description of surrogates and spikes used
Percent recoveries of spikes and surrogates
Instrument detection limit
Matrix of practical quantification limits
Report sections and

Preliminary site
investigation
Standard solution results
Reference sample results
Reference check sample results
Daily check sample results
Laboratory duplicate results
Laboratory blank results
Laboratory standard charts.
QA/QC data evaluation
(N)
Detailed site
investigation
Development of
remediation action
plan
Preparation of
validation report
N/A
Evaluation of all QA/QC information listed above against the stated DQOs including a discussion of:
Documentation completeness
Data completeness
Data comparability (see next point)
Data representativeness
Precision and accuracy for both sampling and analysis for each analyte in each environmental matrix
informing data users of the reliability, unreliability or qualitative value of the data.
Data comparability checks, which should include e.g. bias assessment, which may arise from various
sources, including:
Collection and analysis of samples by different personnel
Use of different methodologies
Collection and analysis by the same personnel using the same methods but at different times
Spatial and temporal changes (because of the environmental dynamics).
Relative percent differences for intra- and inter-laboratory duplicates.
Basis for assessment criteria
Table listing all selected assessment criteria and references
Rationale for and appropriateness of the selection of criteria
Assumptions and limitations of criteria.
Results
Summary of previous results, if appropriate
Summary of all results, in a table that:
Shows all essential details such as sample numbers and sampling depth
Shows assessment criteria
Highlights all results exceeding the assessment criteria
Site plan showing all sample locations, sample identification numbers and sampling depths
Site plan showing the extent of soil and groundwater contamination exceeding selected assessment
criteria for each sampling depth.
Risk assessment
Report sections and

Preliminary site
investigation
Detailed site
investigation
Development of
remediation action
plan
Preparation of
validation report
Assessment of type of all environmental contamination, particularly soil and groundwater
Assessment of extent of soil and groundwater contamination, including off-site effects
Assessment of the chemical degradation products
Assessment of possible exposure routes and exposed populations (human, ecological).
Remediation action plan
N/A
N/A
(S)
Remediation goal
Discussion of the extent of remediation work required
Discussion of possible remediation options and how risk can be reduced
Rationale for the selection of recommended remedial option
Proposed testing to validate the site after remediation
Contingency plan if the selected remedial strategy fails
Site preparation plan (before remediation) including, e.g. fencing, erection of warning signs, stormwater
diversion
RAP (operation phase):
Site stormwater management plan
Soil management plan
Noise control plan
Dust control plan, including wheel wash (where applicable)
Odour control plan
Occupational health and safety plan.
Remediation schedule
Hours of operation
Contingency plans to respond to site incidents, to obviate potential effects on surrounding environment
and community
Identification of regulatory compliance requirements such as licences and approvals
Names and phone numbers of appropriate personnel to contact during remediation
Community relations plans, where applicable
Staged progress reporting, where appropriate
Long-term Site Management Plan (where required).
Validation
N/A
N/A
N/A
Rationale and justification for the validation strategy including:
Clean-up criteria and statistically based decision-making methodology
Validation sampling and analysis plan
Details of a statistical analysis of validation results and evaluation against the clean-up criteria
Verification of compliance with regulatory requirements.
Ongoing site monitoring

N/A
N/A
N/A
Report sections and

Preliminary site
investigation
Detailed site
investigation
Development of
remediation action
plan
Preparation of
validation report
Ongoing site monitoring requirements (if any), including monitoring parameters and frequency
Results of monitoring analyses including all relevant QA/QC reporting requirements stated above
Ongoing site/equipment maintenance, e.g. containment cap integrity
Details of party(ies) responsible for maintenance and monitoring program.
Conclusions and
recommendations
Brief summary of all findings
Assumptions used in reaching the conclusions
Extent of uncertainties in the results
Where remedial action has been taken, a list summarising the activities and physical changes to the site
A clear statement that the SQP considers the subject site to be suitable for the proposed use (where
applicable) with a draft Site Management Plan included
A statement detailing all limitations and constraints on the use of the site (where applicable)
Recommendation for further work, if appropriate.
Appendix 2 Sample draft site management plan template

Draft site management plan
Real property description:
[INSERT LOT AND PLAN DETAILS]
Address:
[INSERT ADDRESS OF SITE]
Version:
[INSERT VERSION NUMBER UNDER A VERSION CONTROL SYSTEM]
Date of effect:
[INSERT DATE OF EFFECT]
Each of the below must be considered in development of the Draft SMP and determined if applicable.
1.0
Summary of contamination
Include a brief summary of the site including its history of use and contamination.
Example summary:
The site was part of XXX and historical site photographs with anecdotal evidence shows it to have been vacant
since the deed of grant and only being used for various recreational purposes. The western part of the site
appears to have been filled between 1960 and 1980. The site is currently vacant and laid to grass. The
potentially contaminated part of the site covers an area of approximately 2,550 m2 and covers part of a single
lot described as Lot XXX on XXX. The site layout and area to be managed is shown on the attached Figure 1.
Investigations have identified metal contaminated fill present at the site (cadmium, copper, lead, zinc and
mercury). The contaminated fill generally covers the western and southern part of the site and extends to a
maximum depth of approximately seven metres below ground level at the high point of the site.
The following maximum levels of contaminants identified on the site were:
2.0
Analyte
Maximum concentration (mg/kg)
Cadmium
54
Copper
620
Lead
2,220
Zinc
2,800
Mercury
61
Objectives of the site management plan (SMP)
Include a high level objective that will be achieved when the actions stated in sections 3.0 and 4.0 below are
undertaken.
Example objective:
The objectives to be achieved under this site management plan (SMP) are to manage the contamination during
site redevelopment in a manner which protects human health and the environment, including achieving the soil
clean up criteria in the attached Remediation Action Plan (RAP).
3.0
Management actions
Include details of actions to be taken to ensure the objectives in 2.0 above are being achieved. It is imperative that
any actions critical to the management of the contamination under this section are specific, measurable and able to
be reported against.
The following are example management actions (note: these are only examples and not necessarily a complete list
of actions that could or should be taken in particular situations).
3.1 Site use (mandatory)

Example site use entry:
As of [INSERT DATE] the site is currently vacant ground. The site is suitable for commercial/industrial uses
including premises such as shops and offices as well as factories and industrial sites. The site will not be used
for purposes other than commercial/industrial.
3.2 Responsibility (mandatory)

Example responsibility entry:
To ensure that the SMPs objectives are achieved and maintained, the owner of the Site is required to ensure
that this SMP and included Remediation Action Plan are complied with. The obligations and conditions attach to
the land and are binding on the current owner and their successors in title.
The site owner must provide all persons on site that carry out actions may impact on the hazardous
contaminants or environmental impacts of the contaminants with a copy of the SMP/ RAP prior to the
commencement of such actions. All persons occupying or working on the Site or dealing with contaminants
removed or released from the site must comply with the requirements of the SMP and RAP.
3.3 Site capping

Example site capping entry:
Until remediation works commence, an uncontaminated compacted clay capping layer of [insert stated
standard] consisting of the existing surface cover or equivalent cover (including grass cover) will be maintained
over the entire site as a barrier between the contamination and site users. The capping layer will be maintained
in sound condition at all times to minimise infiltration into the contaminated material.
3.4 Service trenches

Example service trenches entry:
All underground services will be constructed in either uncontaminated material or in trenches in which the
services are surrounded by a minimum of [INSERT NUMBER] m of uncontaminated fill for minor services
(<100 mm in diameter) and [INSERT NUMBER] m of uncontaminated fill for services greater than 100 mm in
diameter.
3.5 Soil excavation and removal

Example soil excavation and removal entry:
If during any site earthworks or excavation, offensive or noxious odours and/or evidence of contamination not
previously detected is observed, site works will cease in that area and action will be taken to immediately abate
the potential for environmental harm.
Site works will not recommence until approval to recommence is received from the administering authority.
Any identified contaminated soil will be excavated in accordance with the attached Remediation Action Plan
which forms part of this site management plan.
Removal and disposal of contaminated soil will only be undertaken after approval is granted by the
Administering Authority in accordance with s424 of the EP Act.
4.0
Monitoring and reporting actions (mandatory)
Include details of monitoring and reporting to be undertaken to confirm the objectives in 2.0 above are being
achieved. It is imperative that any actions critical to the management of the contamination under this section are
measurable and able to be reported against.
A site management plan must make provision for monitoring and reporting compliance with the plan. Consider how
to effectively incorporate performance monitoring requirements into the plan.
The following are example monitoring and reporting actions (note: these are only examples and not necessarily a
complete list of actions that could or should be taken in particular circumstances). In most circumstances EHP will
not approve a SMP if the means by which authorised persons may access the site and monitoring records for
compliance purposes is not clearly laid out.
4.1 Soil monitoring

Example soil monitoring entry:
Prior to excavation works on site (including areas not already known to be contaminated), soil will be assessed
for the contaminants of concern (refer to section 1.0 above) to determine if the proposed excavation material is
contaminated.
4.2 Groundwater monitoring

Example groundwater monitoring entry:
Ground water samples will be taken from monitoring well/s [INSERT DETAILS OF WELL/S] not less than
[INSERT REGULARITY] from the effective date of this SMP and analysed for total concentrations of cadmium,
copper, lead, zinc and mercury. Gauging of groundwater levels (metres AHD), and monitoring of conductivity,
pH, dissolved oxygen and common anions and cations will also be undertaken during groundwater monitoring.
4.3
Site excavations
Example site excavations entry:

Records will be kept of all soil excavation on site including details of relevant disposal permits.
Emissions of dust during all soil excavation will be minimised by [insert stated measures].
Release of contaminated stormwater runoff and sediment to any waters or stormwater drains will be prevented.
The following management measures will be undertaken [insert stormwater management measures].
4.3
Site inspections
Example site inspections entry:

A biennial inspection will be undertaken to ensure that capping and protective barriers remain in sound condition
in accordance with 3.2. The biennial period will commence from the effective date of this SMP.
4.3
Notification
Example notification entry:

The administering authority will be notified in writing within two business days of detection of any previously
undetected contamination and advised of proposed remedial action.
4.4
Administering authority access
Example administering authority access entry:

Authorised persons under the EP Act will be permitted access to non-residential areas of the site to collect
environmental samples and assess compliance with this SMP.
4.5
Monitoring records
Any monitoring results and records of inspections in relation to this SMP will be kept for at least seven years and
made available to the administering authority upon request within 24 hours.
4.6
Version control system
Include details of any version control system to be used for amendments to this draft SMP.

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Guideline

Contaminated land professionals

Page i 140812 EM1200 Version 2

Department of Environment and Heritage Protection

Contaminated land policy and legislative framework ............................................................................................1

Regulatory strategy .......................................................................................................................................2

Environmental Protection Act 1994 (EP Act) ................................................................................................2

Environmental harm and environmental values .......................................................................................2

Environmental duties ................................................................................................................................3

Contaminated land provisions ..................................................................................................................4

Roles and responsibilities ......................................................................................................................................8

Assessment and approval of reports and site management plans ...........................................................8

Suitably qualified persons .......................................................................................................................10

Contaminated land auditors ....................................................................................................................11

Local government .......................................................................................................................................12

Occupancy agreements ..........................................................................................................................12

Sale of land .............................................................................................................................................13

Contaminated site management process ............................................................................................................13

Site assessment and remediation process .................................................................................................14

Preliminary site investigation ..................................................................................................................15

Detailed site investigation .......................................................................................................................15

Implementation of a remediation action plan and preparation of validation report .................................16

Contaminated land professionals ...............................................................................................................10

Administering authority .................................................................................................................................8

Site management plans (SMPs) .................................................................................................................16

Contaminated soil disposal..................................................................................................................................17

When a soil disposal permit is required ......................................................................................................17

Applying for a soil disposal permit ..............................................................................................................18

Deciding an application for a soil disposal permit .......................................................................................18

Waste and resource management hierarchy ..........................................................................................19

Soil separation ........................................................................................................................................19

Department of Environment and Heritage Protection

Australian and New Zealand Environment and

National Environmental Protection (Assessment of

Canadian Council of Ministers of the Environment

Contaminated Land Register

Data Quality Objectives

Department of Environment and Heritage Protection

environmental investigation levels

Environmental Management Register

Environmental Protection Act 1994

General Environmental Duty

health investigation levels

Health Screening Levels

Integrated Development Assessment System

Local Government Area

National Environment Protection Council Act 1994

Queensland Waste Reduction and Recycling Strategy

Remediation Action Plan

Radiation Health Unit, within Queensland Health

Soil Asbestos Investigation Criteria

Sampling and Analysis Quality Plan

Soil Disposal Permit

Site Management Plan

Suitably Qualified Person

Sustainable Planning Act 2009

Sustainable Planning Regulation 2009

Third Party Reviewer under the administrative system

Page iii 140812 EM1200 Version 2

Department of Environment and Heritage Protection

advice on demonstrating use of acceptable environmental standards to appropriately assess contaminated

1 Contaminated land policy and legislative framework

Page 1 140812 EM1200 Version 2