Contaminated land remediation plan checklist
Contaminated land remediation in Australia is governed by state contaminated land legislation — such as the CLM Act 1997 (NSW) — and the National Environment Protection (Assessment of Site Contamination) Measure 1999 (NEPM). A remediation action plan must be prepared by a suitably qualified consultant and, for notified sites, validated by a site auditor accredited by the EPA.
This is a 12-step checklist for preparing a remediation action plan (RAP) for contaminated land in Australia. It covers site investigation, risk assessment, RAP preparation, EPA notifications, remediation works, and site audit sign-off under the CLM Act 1997 (NSW) framework and NEPM guidelines.
The checklist
Review site history and existing investigations
Obtain all prior environmental site assessments, phase 1 and phase 2 reports, and any EPA notices or declarations relating to the site.
Confirm the site's regulatory status
Check whether the site is on the EPA contaminated land register or has been declared significantly contaminated under the CLM Act or equivalent state legislation.
Commission a detailed site investigation
Engage an accredited environmental consultant to conduct a detailed site investigation (DSI) establishing the nature, extent, and concentration of contaminants.
Conduct a human health and ecological risk assessment
Prepare a risk assessment evaluating the exposure pathways and risks to human health and ecological receptors based on the DSI results.
Determine remediation criteria
Establish site-specific remediation criteria based on the intended land use, NEPM health investigation levels, and ecological investigation levels.
Evaluate remediation options
Assess remediation options — excavation and disposal, in-situ treatment, capping, containment, or institutional controls — considering cost, timeframe, and effectiveness.
Prepare the remediation action plan
Draft the RAP documenting the selected remediation strategy, implementation methodology, monitoring requirements, and completion criteria.
Notify the EPA if required
Submit any required notification to the EPA under the CLM Act or equivalent legislation before remediation works commence.
Implement remediation works
Execute the remediation works in accordance with the RAP, including waste classification, transport, and disposal under the relevant waste legislation.
Conduct validation sampling
Undertake validation sampling and analysis to confirm that remediation criteria have been met across all areas of concern.
Prepare the validation report
Compile the validation report documenting works completed, validation results, and confirmation that the RAP objectives have been achieved.
Obtain site audit statement
Engage an EPA-accredited site auditor to issue a site audit statement (SAS) and site audit report confirming the site is suitable for the intended use.
When this checklist applies
Use when contaminated land must be remediated before development, sale, or change of use — particularly where an EPA notice or planning condition requires a RAP.
Common pitfalls
- Relying on outdated phase 1 reports without commissioning a current DSI
- Remediation criteria not aligned with the intended land use
- Failing to notify the EPA before commencing remediation works
- Waste disposal to facilities not licensed for the contaminant classification
- Validation sampling insufficient to satisfy the site auditor
Run this checklist on a real matter
Quillio can summarise prior site investigation reports, cross-reference contaminant concentrations against NEPM criteria, and draft RAP sections.
General guidance for contaminated land remediation in Australia. Requirements vary by state legislation and site conditions — obtain specialist environmental legal and technical advice.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
Start your free trial