Managing contaminated land
Duty to notify
There are notification requirements to report events or changes in condition that relate to contaminated land or notifiable activities that have occurred or are occurring on land.
If you have identified that you are required to notify the department of environmental harm, especially within a 24 hour period, refer to the Duty to Notify Guideline for detail on what is required and use the Duty to Notify form to provide the notification to the department.
Duty to notify of environmental harm under Chapter 7 Part 1 Division 2
The duty to notify does not apply if the event is authorised to be caused under:
- an environmental protection policy
- a transitional environmental program
- an environmental enforcement order
- an environmental authority
- a progressive rehabilitation and closure plan schedule
- development approval conditions
- a prescribed condition for a small-scale mining activity
- an emergency direction
- agricultural ERA standard
- temporary emissions licence
Please have s320A of the EP Act open while reviewing the following information. AA = Administering authority BD = Business days
Owner, Occupier or Auditor to AA - s320DA
Written notice to:
- AA within 20 BD after becoming aware, or the time when the person ought reasonably to have become aware of, a notifiable activity2 having been carried out or being carried out
- AA no later than 24 hours after becoming aware, or the time when the person ought reasonably to have become aware, of matters mentioned in s320A(2)(b)(i) or (ii)
Nature and the circumstances—owner of land, occupier of land or auditor became aware, or ought reasonably to have become aware, of the event.
Local Government to the department - s320DB
- AA within 20 BD after becoming aware, or the time when the local government ought reasonably to have become aware, of a notifiable activity2
- AA no later than 24 hours after becoming aware, or the time when the local government ought reasonably to have become aware, of matters mentioned in s320A(3)(a) or (b)Nature and the circumstances—local government became aware, or ought reasonably to have become aware, of the event.
For matters mentioned in s320A(1)(a) and (b)
Other persons3 to AA, owners or occupiers—s320C
Written notice:
- to the AA no later than 24 hours1 after becoming aware of the event, or the time when the person ought reasonably to have become aware of the event
- as soon as reasonably practicable after becoming aware of the event, or the time when the person ought reasonably to have become aware of the event, to the occupier or owner of the affected land, or give a public notice of the event1
Nature and the circumstances in which the event happened.
Employees to employer—s320B (excluding auditors)
- Notify employer no later than 24 hours after becoming aware of the event, or the time when the person ought reasonably to have become aware of the event, or
- if the employer is not contactable then written notice to AA no later than 24 hours after becoming aware of the event, or the time when the person ought reasonably to have become aware of the event1
Nature and the circumstances in which the event happened.
Employer to AA, owners, occupiers—s320D
Written notice to:
- AA no later than 24 hours after employee informs them1
- As soon as reasonably practicable after becoming aware of the event, or the time when the person ought reasonably to have become aware of the event, to the occupier or owner of the affected land, or give a public notice1
Nature and the circumstances in which the event happened.
1 Unless there is a reasonable excuse, s320F provides defences and excuses for duty to notify.
2 Schedule 3 of the EP Act lists notifiable activities. Duty to notify applies to these activities.
3 If the person is not carrying out the primary activity (defined in s320A(1)) during the person’s employment or engagement by, or as the agent of, someone else.
A suitably qualified person has a duty to notify their employer or potentially the administering authority of an event related to contaminated land that has occurred.
Where a suitably qualified person or another employee has notified an owner or occupier, the owner or occupier would then have a duty to notify.
Further information is contained in the Guideline: duty to notify of environmental harm – ESR/2016/2271 (PDF, 290.3KB)
Notification
- Complete the Template for giving written notice about duty to notify of environmental harm under s.320 of the EP Act (DOCX, 195KB)
- Complete the Template for giving written notice about a notifiable activity under s.320 of the EP Act (DOCX, 180KB)
- Phone the pollution hotline on 1300 130 372, select Option 2
- Email PollutionHotline@des.qld.gov.au
In this guide:
- General environmental duty
- Duty to notify
- Duty to restore
- Removals and changes to land registers
- Reconfiguring land
- Buying and selling contaminated land