Policy
The Central NSW Regional Contaminated Land Policy Template has been developed to address the requirements of Part 7A of the Environmental Planning and Assessment Act 1979 and the Managing Land Contamination - Planning Guideline and the SEPP 55 - Remediation of Land.
The Policy Template can be downloaded here...
You will also need a few other items to help you get organised.
Policy essentials for GMs and Directors
Sample Council report for exhibition
149 Certificates
The new policy has specific wording for 149 planning certificates, depending on how you 149 certificate system works you will need to add text to certificate templates.
For manual templates where property attributes are not automatically transferred from the property system to the certificate use the following as a guide.
the wording needs to match you policy and has been thoroughly legally reviewed, however the format and layout will be up to your Council.
Contaminated Land Information System
The Contaminated Land Information System or CLIS is a set of database fields and options for recording land uses, contamination related information and monitoring remediation. The system is not a stand alone register but a schema that can be implemented on any council property or applications system. Systems that have had been developed include Civica Authority and Synergy Soft. We are working on Tech One and One Council as well.
A stand alone Access database has been developed for Councils that do not have a suitable property management system. This database unfortunately is not able to link to property information and so when ever a system can incorporate the CLIS is should be used.
An important part of the CLIS is that there are workflows or tasks that can be recorded against the property. this will in most cases correspond to a document that is provided to Council. As such there should be a link to the relevant document in Councils records management system as these documents may relate to several different files depending on how the Council manages its information. The CLIS should not be used to store documents separately form other records protocols.
The Schema covers
Land Use History - derived form Appendix A of the Policy Template includes 70 land use descriptions that are considered likely to be able to cause contamination.
Investigation Status - A to E as specified in the Policy.
CLM Status - identifies if the land is now, is not or ever has been regulated by the Contaminated Land Management Act 1997. There are four types of declarations or orders that may be used to regulate the site under the Act.
Limited to use - if the land can not be used for any type of use under the guidelines,due to its residual contamination then it is to be listed as the type of use it can be used for. These uses are based on Site Audit Statements land use sensitivities and the ASC NEPM.
Dates:
Remediation Notified - Date from which Category 2 remediation is notified.
Validation Due - Validation will be due after a statutory time following completion of remediation. An estimation of start and completion of remediation should be used to define the Validation Due Date.
Site Audit Date - The date of the latest Site Audit Statement
Site Management Plan (SMP) Date - The date a Site Management plan was finalised.
SLU Date - the date that a site was determined to be Suitable for Limited use.
Flags:
UPSS Site - the site is subject to the UPSS regulation. i.e. has underground fuel tanks and currently operating or operated since 2008.
Reports Available - Council has an Assessment of Site Contamination Report on record for the site.
Site Audit - Council has been provided a Site Audit Statement for the Site.
Category 1 Remediation Approved
Category 2 Remediation Notified
Workflow/ Tasks:
Flagged/ registered - for intially lodging the site information on the system
Council Assessment - Notes, Photos, comments made by a Council officer.
Land Use History - Where a Land use History is provided as a seperate submission.
EPA Regulated Site Notice - Any EPA correspondence.
Investigation report - A formal Assessment of Site Contamination report lodged with Council for any reason.
Remediation Notification - A notification made under SEPP 55 cl 16.
Remediation Completion Notification - A notification of completion of remediation under SEPP cl 17
Management Plan - A management Plan to manage residual site contamination, should be lodged on title under s88E Conveyancing Act.
Site Audit - Site Audit Statement provided to Council
DA determination - Reference to any DA determined for the site with reference to how contamination was assessed and considered.
UPSS Information - Any information provided to Council in relation tot eh UPSS Regulation.
Authority Register Details.xlsx
GIS
You will generally need a GIS layer as part of the process. Here is the GIS definition for your GIS officer to look at.