Deadline imminent for reporting contaminated sites

The Western Australian Contaminated Sites Act 2003 came into effect on 1 December 2006. The grace period during which there are no penalties for non-reporting expires on 31 May 2007. After 1 June 2007, significant penalties will apply if a known or suspected contaminated site is not reported.

One of the central elements of the Act is a requirement to report known or suspected contaminated sites to the Department of Environment and Conservation. The Act defines "contaminated" as:

"In relation to land, water or a site, means having a substance present in or on that land, water or a site at above background concentrations that presents, or has the potential to present, a risk of harm to human health, the environment or any environmental value."

A known site must be reported within 21 days of the contamination becoming known. A suspected site must be reported as soon as is reasonably practicable.

The duty to report a known or suspected contaminated site to the DEC is imposed on:

• an owner or occupier of a site; and
• a person who knows, or suspects that he or she has caused, or contributed to the contamination.

A breach of this duty to report by an individual is punishable by fines up to $250,000 plus a daily penalty of $50,000. A breach by a corporation can attract fines up to $1,250,000 plus a daily penalty of $250,000.

Once a site is reported to the DEC it will be classified according to the level of risk it poses to the environment. Depending on the classification of the site, the DEC may issue a notice requiring the site to undergo remediation, register a memorial on title, order further investigations be carried out to assess and monitor contamination of the site or deem that no action is required.