1. Graham Castledine - Environment
2. Graham Brook - Consultant's liabilities
"a site at which hazardous substances occur at concentrations above background levels and where assessment indicates it poses, or is likely to pose an immediate or long term hazard to human health or the environment."
 | Property rights paramount |
| Rylands V Fletcher |
 | Nuisance |
| Public |
| Private |
| Vendor |
| Public authority |
| Environmental Protection Act |
| Pollution |
| Environmental impact assessment |
| Clean up/remediation (not retrospective before 1987. |
| Lack of co-ordination among Government departments |
| Focus on prevention, not remediation |
| Issues unclear, especially re clean-ups |
| No requirement for site identification, referral, assessment |
| No system of information transfer |
| New South Wales |
| Environmentally Hazardous chemicals Act 1985 |
| Environmental Planning & Assessment Act 1979 |
| Register of sites |
| Environmental Protection Act 1970 |
| Environmental audits |
| Register of sites |
| contaminated Land Act 1992 |
| Register of Sites |
| Prevention |
| Polluter pays |
| Effectiveness |
| Equity |
| Efficiency |
| Waste Minimisation |
| Voluntary referral |
| Public authorities |
| Scheduled industries |
| Not contaminated |
| Investigation required |
| Contaminated |
| Remediation required |
| Acceptable risk - restricted use |
| Acceptable risk - unrestricted use |
Required before:
| land classified as contaminated' or investigation required' is rezoned or redeveloped, |
| land is reclassified from either 'contaminated' or 'investigation required'. |
| Information transfer |
| Vendors |
| Memorial on title |
| Database |
| Polluter pays |
Site identification process. Voluntary, referral, scheduled list of potentially polluting activities
Retrospective provisions with potential for transfer of liability so that new owner can be held liable
Certificate of environmental audit (before occupancy)
| Work practices reform |
| Buyer beware |
| Notification |
| Approvals |
| Lender beware |
Consultants should be careful not to act on deficient information and liable under inadequate due dilligence. Disclaimers and exclusion clauses are not appropriate.
Section 52 of Trade Practices Act applies to conduct that is misleading or deceptive. Damages may be applied and contracting out may not be possible.
The consultant should decide whether to accept the responsibility of an inadequate brief and discuss with the principal the implications.
Chemlink Pty Ltd ABN 71 007 034 022. Publications 1997. All contents Copyright © 1997. All rights reserved. Information in this document is subject to change without notice. Products and companies referred to are trademarks or registered trademarks of their respective companies or mark holders. URL: www.chemlink.com.au/
