Managing contaminated 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.