A key responsibility of the planning authority is to ensure that
a site is suitable for its intended use and does not pose an unacceptable
risk to human health or the environment, taking into account the
proposed use of the site.
Until the full provisions of the new legislation come
into effect, and following proposed amendment of the Development
Act 1993, it is expected that the current recommended planning
process outlined below will be followed.
Planning
Advisory Notice 20/02 - Site Contamination (PAN 20) was issued
by Planning SA in December 2001 to assist in the interpretation
of the Development Act 1993. This document reminds planning
authorities of their responsibilities in relation to addressing
site contamination through the Development Plan Amendment (DPA)
process and when assessing development applications.
Where a sensitive land use is proposed, the EPA Board
endorses the use of independent Environmental
Auditors (Contaminated Land), appointed by the Victorian EPA,
to assess and provide an expert opinion on the suitability of
a site for the intended use, where site contamination exists or
a contaminating activity has occurred.
A sensitive land use, in relation to site contamination, means
one involving a residential use (including all forms of residential
use including medium and high density developments, retirement
villages), a pre-school (including childcare centres) or a primary
school. The EPA expects planning authorities, developers and landowners
to accept and implement the opinion of an Auditor as provided
in a Site Audit Report.
For the development or continuation of an existing commercial,
industrial or similar use, assessment by an experienced site contamination
consultant should generally be acceptable. The consultant's report
however, should state that the site assessment has been carried
out taking into account the Site Contamination
NEPM and should provide definitive statements that, in regard
to site contamination, the site does not pose unacceptable risks
to human health and the environment taking into account the intended
use(s). Where the consultant's report is not considered to satisfy
this, then an auditor may need to be engaged to undertake an independent
review of the consultant's report and an audit of the site.
Planning authorities, developers and landowners are reminded
that evidence of, or reasonable suspicion of, site contamination
is necessary to justify the assessment and independent auditing
of a site. In this regard, please refer to the list of potentially
contaminating activities and land uses attached to PAN 20.
