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Contaminated sites

When a site is considered contaminated

A contaminated site is:

  • when a hazardous substance occurs at concentrations above background levels
  • where assessment indicates it poses, or could pose if land use is changed, an immediate or long-term risk of harm to human health or the environment.

How a site becomes contaminated

Land contamination is usually the result of poorly managed activities or a lack of knowledge about the impacts certain substances have on human health and the environment.

In the past, hazardous substances have been manufactured, used and disposed of without full knowledge of the potential impacts these activities can have on human health and the environment. Examples include:

  • polychlorinated biphenyls (PCBs)
  • organochlorine pesticides (OCPs)
  • heavy metals, such as arsenic, lead, chromium, cadmium and mercury
  • hydrocarbons.

Now, hazardous substances are generally managed in a responsible manner. However, there is still potential for land contamination to occur due to:

  • accidents
  • criminal acts
  • unforeseen circumstances.

For more information, read:

PFAS (per and polyfluoroalkyl substances)

PFAS are a group of manufactured chemicals with unique surface properties used in products that resist heat, oil, stains and water. PFAS have been used in many common household and consumer products and some firefighting foams.

The release of PFAS into the environment has become a global concern because these chemicals do not break down easily by any natural process, so they can persist in humans, animals and the environment.

PFAS management

There are several elements to PFAS management in the ACT as follows:

Register of contaminated sites

Under the Environment Protection Act 1997 (the Act), the EPA must keep a register of contaminated sites.

The register does not include all contaminated sites recorded by the EPA. It only records those sites subject to an audit by an Environment Protection Authority (EPA) approved auditor as required under subsection 76(2), 76A(1), 91C(1), 91D(1), 125(2) or 125(3) of the Environment Protection Act 1997. These sites have been determined to have the greatest potential to cause harm to human health or the environment.

Access the register of contaminated sites

Other ways to find information on contaminated sites include:

  • the EPA's contaminated sites geographic information system and contaminated sites database
  • online (see ‘Apply for a contaminated land search’ on this page)
  • the lease conveyancing enquiry, which is required when purchasing properties in the ACT.

Find out more about the role of the EPA.

When sites are included on the register

Sites are included on the register if:

  • they are subject to review by an approved contaminated land auditor requested by the EPA, or
  • the EPA has received notification of the need for an audit. Sites are generally required to be audited where they are known to be, or have the potential to be, contaminated due to current or past activities at the site.

Advice on the particulars of the contamination, or potential contamination, of a site is usually provided by an environmental consultant who assesses the site. This assessment is then reviewed by an approved auditor. This information may be subject to commercial in confidence considerations.

Other reasons for including sites on the register

Sites are also included on the register if the EPA has:

  • issued an Environment Protection Order (an Order) under 91C(1) of the Environment Protection Act 1997 (the Act) to assess whether land is contaminated
  • issued an Order under subsection 91D(1) of the Act to remediate contaminated land
  • issued an Order under subsection 125(2) or subsection 125(3) of the Act to manage contaminated land
  • required an environmental audit of a site under subsection 76(2)
  • received a notice under section 76A(1) that an auditor has been engaged to undertake an audit under the Act or another Act (this will typically be under the Planning Act 2023), where a condition of development approval requires that an auditor be engaged to verify the assessment and any required remediation of a site as part of its redevelopment. For example, the redevelopment of former service station sites for residential purposes.

If you have any further concerns or believe a site should not be on the register, call Access Canberra on 13 22 81.

What sites are excluded from the register

Operational sites

Operational sites that have the greatest risk of causing environmental harm are generally subject to authorisation or licensing under the Environment Protection Act 1997.

These sites would only be entered on the register in the event of an incident that has led to contamination of the land which requires the site to be:

  • assessed
  • remediated (if required)
  • subject to an independent audit.

The management of these sites and conditions imposed by the EPA should generally prevent contamination occurring. However, there are sites on the register which are operational due to incidents or failures to effectively manage the activities at the site.

In some cases, this will also be as a result of past management practices, which may not have been regulated or subject to the level of management that is common today.

All sites, including those on the register, are recorded in the contaminated sites geographic information system and/or the contaminated sites management database.

Mr Fluffy sites

Mr Fluffy sites in the ACT do not meet the notification requirements for contaminated land under the Environment Protection Act 1997.

The clean up of these sites are considered as hazardous materials abatement, not the remediation of contaminated land requiring independent audit. Due to this, they are not required to be listed on the register.

Removal from the register

A site can be removed from the register:

  • once it has been assessed, remediated if necessary, and independently audited as suitable for the proposed land use, and
  • no ongoing management is required.

Other situations when EPA must remove a site from the register

Once an environmental audit has occurred, sites must be removed from the register when:

  • the EPA has not issued a remediation order within 60 days of them receiving an environmental audit assessment
  • the EPA has not entered into an environmental protection agreement to manage any remaining contamination within 60 days of them receiving an environmental audit assessment
  • a condition or annotation has not been included on a crown lease or title for the land in relation to the environmental audit to manage any remaining contamination
  • the EPA has decided, based on advice from an approved auditor, that ongoing management of the land is no longer required. Also, they have not issued an environment protection order to manage any contamination that remains on the site.

In any other case, a site entered in the register will remain on it indefinitely.

Apply for a contaminated land search

If you want to find out about contaminated land, you can apply for a contaminated land search. Current fees are available on the Planning website.

Apply for a contaminated land search

Notify the EPA of contamination

If you are a lessee or occupier of land which you discover is contaminated in a way that may present harm to human health and the environment, you must notify the EPA in writing as soon as possible.

To notify us:

  1. Use the Contaminated land notification form (PDF 184KB) (DOC 76KB)
  2. Submit the form:

Information sheets

The EPA has developed information sheets to assist industry to understand their obligations under the Act in relation to contaminated sites: