Remediation of Land SEPP 55

SEPP 55 Remediation Changes in NSW

Changes are on the way. In NSW, the key to planning for the remediation and development of contaminated sites for the last 20 years has been the State Environmental and Planning Policy (SEPP) 55, which is finally being changed to the new Remediation of Land State Environmental Planning Policy (SEPP).

Here are some of the changes that are proposed:

  • Development consent required for more remediation works.
  • Local Councils lose the choice in determining the types of remediation that require development consent.
  • The inclusion of category 1 in all remediation works which will be the subject to long-term environmental management plans (EMP) once remediated. This increases the risk that proponents must stop to obtain further consent, once their project is almost completed, which will lead to delays, inefficiencies and inevitably additional costs.
  • Remediation works that do not require consent will require more robust notification systems. Notifications will be accompanied by a written statement by a certified consultant.
    • The pre-commencement notification includes certification from a consultant that the there is no development consent required; and
    • The post-completion notification includes a statement outlining the uses the land is suitable for.
  • An expanded role for certified consultants to perform some functions previously performed by site auditors, including the reviews of work completed by other consultants. This represents a significant cost saving.
  • The planning authorities will be checking their own records.

The worst scenario for your commercial objectives would be not knowing if you have contamination that will require remediation and the associated approvals.  All remediation starts with environmental contamination investigation, and environmental investigations start with a preliminary site investigation (PSI) to determine the current and historical contamination risk at your property.

Speak to us at [email protected] or try our online 2 minute PSI quotation portal: if you prefer easy, quick no-nonsense payment and delivery.

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