ENVIRONMENTAL PROTECTION ACT 1994 - SECT 389 Content of contaminated land investigation document

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 389

389 Content of contaminated land investigation document

(1) This section applies to a contaminated land investigation document for relevant land.

(2) If the contaminated land investigation document is a site investigation report or validation report, the document must be in the approved form and include—

(a) the following information about the relevant land—

(i) the reasons particulars of the land have been recorded in a relevant land register;

(ii) a description of all surface and subsurface infrastructure on the land, including details of the location, size and type of the infrastructure;

(iii) a description of the surrounding area of the land, including a description of each of the following in the surrounding area—

(A) all environmentally sensitive areas;

(B) the location of all water, watercourses and wetlands;

(C) the location of all stormwater drainage;

(D) all uses of the land, including uses that may affect the safety of the relevant land or cause environmental harm;

(E) all activities carried out that may affect the safety of the relevant land or cause environmental harm;

(iv) for waste disposed of or stored on the land that contains, or may potentially contain, hazardous contaminants—

(A) details of the location, volume and type of the waste; and

(B) details of any potential contamination of the land caused by disposing of or storing the waste on the land;

(v) a description of the geology and hydrogeology of the land;

(vi) details of any environmentally relevant activities or notifiable activities carried out on the land, including the materials used and waste produced during the carrying out of the activities;

(vii) details of any earthworks carried out on the land, including the materials used and waste produced during the earthworks;

(viii) if work has been carried out on the land to remediate the contamination of the land—the contamination levels recorded on the land before and after the work was carried out; and

(b) a statement (a
"site suitability statement" ) of the uses or activities for which the land is suitable; and

(c) a statement of the following matters—

(i) whether the land is prescribed contaminated land;

(ii) if the land is contaminated—the extent to which the land is contaminated.

(3) If the contaminated land investigation document is a draft site management plan, the document must be in the approved form and include—

(a) the following information about the relevant land—

(i) the proposed objectives to be achieved and maintained under the plan;

(ii) the proposed methods for achieving and maintaining the objectives;

(iii) the proposed monitoring and reporting compliance measures for the land; and

(b) a site suitability statement; and

(c) a statement of the following matters—

(i) whether the land is prescribed contaminated land;

(ii) if the land is contaminated—the extent to which the land is contaminated;

(iii) whether the proposed objectives, methods and measures stated in the plan under paragraph (a) are appropriate; and

(d) a reference to, and a copy of, the site investigation report or validation report that relates to the draft site management plan; and

(e) a description of the source, cause and extent of environmental harm to be managed under the plan.

(4) A contaminated land investigation document must be accompanied by a certification by an auditor (an
"auditor’s certification" ) that—

(a) is in the approved form; and

(b) verifies that the document complies with subsection (2) or (3) .

(5) In this section—


"environmentally sensitive area" means an area prescribed by regulation as an environmentally sensitive area.


"prescribed contaminated land" means land contaminated in a way that causes a risk of environmental harm to—

(a) land other than the relevant land; or

(b) human health; or

(c) another part of the environment.

"water" has the meaning given under the Water Act 2000 .