Document ID: chunk:federal_register_of_legislation:F2013C00288:reg:6:p1
Version: federal_register_of_legislation:F2013C00288
Segment Type: reg
Provision Reference: reg 6 (pt 1/4)
Character Range: 10782–13894

6  Assessment of site contamination principles
  The following principles should be observed in relation to the Assessment of Site Contamination:

(1)  Individual responsibility
  The primary responsibility for ensuring the assessment of site contamination rests with the States and Territories, excluding sites owned by the Commonwealth which are the responsibility of the Commonwealth.

(2)  Implementation of jurisdictional responsibility
  There should be a consistent approach to the assessment of site contamination across Australia but each participating jurisdiction may implement the necessary controls in its own manner.

(3)  Prevention
  Contamination, or further contamination, of a site should be prevented.  Investigation or Screening Levels provided as part of this policy framework process should not be construed as desirable soil/water quality criteria or levels up to which contamination may be allowed to occur.
  There should be no noticeable or measurable change in the characteristics of soil, or associated ground or surface waters.  It is recognised that certain activities will lead to the addition of substances to the soil which raise the background levels of soils.  These are valid and legitimate activities where they are undertaken in accordance with relevant laws and best practice guidelines.

(4)  Regulatory control of site contamination
  Contaminated soil and associated ground and surface waters should be categorised by the nature and concentration of contaminants and subject to appropriate controls over their use, storage, transport and ultimate disposal.

(5)  Planning and development
  Authorities of participating jurisdictions (at local and State government level) that consent to developments, or changes in land use, should ensure a site that is being considered for development or a change in land use, and that the authorities ought reasonably know if it has a history of use that is indicative of potential contamination, is suitable for its intended use.

(5A)  Decommissioning of industrial activities
  Industries, including mining and mineral processing industries, are responsible for ensuring that, when equipment on a site is dismantled or a site is otherwise decommissioned, appropriate measures are taken to leave the site in a safe and stable condition in order to prevent or, as far as practical, minimise adverse long‑term environmental (physical, social and economic) impacts.

(6)  Availability of site contamination information
  Without detracting from any obligation of disclosure, which may exist at law, all relevant information on site contamination should be accessible to the community and particularly to those who need to make informed decisions, for example, potential land purchasers.
  Without detracting from any obligation of disclosure, which may exist at law, the owner of a contaminated site should inform any person who proposes to purchase or lease the site, of information from the assessment of site contamination.
  Prospective purchasers of land should also make appropriate enquiries to satisfy themselves regarding the