{"id":"nsw:sl-2022-0482","name":"Contaminated Land Management Regulation 2022","slug":"contaminated-land-management-regulation-2022","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"482 of 2022","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176094,"registerId":"nsw-nsw:sl-2022-0482-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Contaminated Land Management Regulation 2022](/view/html/inforce/current/sl-2022-0482).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on the day on which it is published on the NSW legislation website.\n> \n> Note—\n> \n> This Regulation repeals and replaces the [Contaminated Land Management Regulation 2013](/view/html/repealed/current/sl-2013-0491), which would otherwise be repealed on 1 September 2022 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definition","content":"#### 3 Definition\n\n3 Definition\n\n> In this Regulation—\n> \n> the Act means the [Contaminated Land Management Act 1997](/view/html/inforce/current/act-1997-140).\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Recovery of costs and guidelines about financial assurances","content":"# Part 2 Recovery of costs and guidelines about financial assurances\n\nPart 2 Recovery of costs and guidelines about financial assurances","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Recovery of EPA’s administrative costs associated with orders and proposals—the Act, s 34","content":"#### 4 Recovery of EPA’s administrative costs associated with orders and proposals—the Act, s 34\n\n4 Recovery of EPA’s administrative costs associated with orders and proposals—the Act, s 34\n\n> > (1) For the Act, section 34(a)–(c), the amount is $101 per hour or part of an hour.\n> > \n> > Note—\n> > \n> > The amount is adjusted on 1 September each year under section 11.\n> \n> > (2) When serving an order under the Act, Part 3 on a person, the EPA must give the person written notice of the amount, as adjusted under section 11.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Guidelines about financial assurances—the Act, s 42E","content":"#### 5 Guidelines about financial assurances—the Act, s 42E\n\n5 Guidelines about financial assurances—the Act, s 42E\n\n> For the Act, section 42E, the following guidelines must be observed—\n> \n> > (a) for the content of requirements for financial assurances under relevant orders, restrictions or covenants—the Financial Assurance Policy, prepared by the EPA and published in the Gazette, as in force from time to time,\n> \n> > (b) for the calculation of the amount of financial assurances required—Estimating Financial Assurances: Guideline on Independent Assessment of Costs, prepared by the EPA and published in the Gazette, as in force from time to time.","sortOrder":6},{"sectionNumber":"Part 3","sectionType":"part","heading":"Accreditation of persons as site auditors","content":"# Part 3 Accreditation of persons as site auditors\n\nPart 3 Accreditation of persons as site auditors","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Application fee for accreditation as site auditor—the Act, s 50","content":"#### 6 Application fee for accreditation as site auditor—the Act, s 50\n\n6 Application fee for accreditation as site auditor—the Act, s 50\n\n> For the Act, section 50(2)(c), the application fee is $1,199.\n> \n> Note—\n> \n> The application fee is adjusted on 1 September each year under section 11.","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Accreditation fee for accreditation as site auditor—the Act, ss 51 and 52","content":"#### 7 Accreditation fee for accreditation as site auditor—the Act, ss 51 and 52\n\n7 Accreditation fee for accreditation as site auditor—the Act, ss 51 and 52\n\n> For the Act, sections 51(5) and 52(9), the accreditation fee is as follows—\n> \n> > (a) if the accreditation period is 1 year or less—$8,377,\n> \n> > (b) if the accreditation period is longer than 1 year, but not longer than 2 years—twice the fee under paragraph (a),\n> \n> > (c) if the accreditation period is longer than 2 years—triple the fee under paragraph (a).\n> \n> Note—\n> \n> The amounts are adjusted on 1 September each year under section 11.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"EPA may waive or refund fees—the Act, s 112","content":"#### 8 EPA may waive or refund fees—the Act, s 112\n\n8 EPA may waive or refund fees—the Act, s 112\n\n> For the Act, section 112(2)(b), the EPA may, on the application of a site auditor, waive or refund all or part of the accreditation fee required to be paid by the site auditor if the EPA is satisfied it is appropriate because the site auditor is taking a period of leave of—\n> \n> > (a) at least 6 months, but not more than 1 year, or\n> \n> > (b) if special circumstances exist—more than 1 year, but not more than 2 years.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Time for making renewal applications—the Act, s 52","content":"#### 9 Time for making renewal applications—the Act, s 52\n\n9 Time for making renewal applications—the Act, s 52\n\n> For the Act, section 52(1)(c), an application for renewal must be made at least 30 days, and not more than 60 days, before—\n> \n> > (a) the expiry of the current accreditation period, or\n> \n> > (b) if the current accreditation period expires during a period of leave of at least 60 days—the start of the period of leave.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Particulars to be included in annual returns of accredited site auditors—the Act, s 53D","content":"#### 10 Particulars to be included in annual returns of accredited site auditors—the Act, s 53D\n\n10 Particulars to be included in annual returns of accredited site auditors—the Act, s 53D\n\n> > (1) For the Act, section 53D(3), the following particulars of each site audit must be included in the annual return—\n> > \n> > > (a) the location of the site, including Lot and DP numbers, street address, suburb and local government area,\n> > \n> > > (b) the size of the site,\n> > \n> > > (c) the zoning of the site under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) and, if a change in the zoning is proposed, the proposed zoning,\n> > \n> > > (d) the date on which the auditor received the request,\n> > \n> > > (e) the date of commencement of the audit,\n> > \n> > > (f) the date or expected date of completion of the audit,\n> > \n> > > (g) the use or uses of the site that have given rise to the contamination for which remedial action was carried out,\n> > \n> > > (h) the current use of the site and proposed uses of the site, if any,\n> > \n> > > (i) the auditor’s opinion on the suitability of the site for the current and proposed uses,\n> > \n> > > (j) the name of the person who carried out the remedial work reviewed by the auditor and the titles of the reports, if any, prepared by the person in relation to the remedial work,\n> > \n> > > (k) whether the audit is a statutory site audit,\n> > \n> > > (l) the termination date of a terminated audit, if any, and the reason for the termination,\n> > \n> > > (m) the date of issue of a revised or amended statutory site audit statement, if any, and the reason for the revision or amendment.\n> \n> > (2) The particulars included in the annual return must be accurate—\n> > \n> > > (a) on the date of completion of the audit, or\n> > \n> > > (b) if the audit is not complete—on the date the annual return is provided to the EPA.","sortOrder":12},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Adjustment of fees and costs","content":"#### 11 Adjustment of fees and costs\n\n11 Adjustment of fees and costs\n\n> > (1) This section applies to each of the following amounts—\n> > \n> > > (a) the amount prescribed by section 4(1),\n> > \n> > > (b) the amount prescribed by section 6,\n> > \n> > > (c) the amount prescribed by section 7(a).\n> \n> > (2) An amount must be adjusted for increases or decreases in public sector wages on 1 September each year.\n> \n> > (3) The amount must be adjusted using the following formula—\n> > \n> > ![](/image/((Type%3D%22subordleg%22)%20AND%20(No%3D0482)%20AND%20(Year%3D2022)%20AND%20(%22Historical%20Document%22%3D0))/g1.gif)  \n> > where—\n> > \n> > A is the Public Sector Wage Price Index number for the last quarter published before the end of the year.\n> > \n> > B is the Public Sector Wage Price Index number for the last quarter published before the start of the year.\n> > \n> > cost means—\n> > \n> > > (a) for the first time the amount is adjusted under this section—the amount referred to in subsection (1)(a), (b) or (c), or\n> > \n> > > (b) otherwise—the amount referred to in subsection (1)(a), (b) or (c) as last adjusted under this section.\n> \n> > (4) If the adjusted amount is not a multiple of $1, the amount must be rounded to the nearest multiple of $1 and an amount of 50 cents must be rounded up.\n> \n> > (5) An adjustment is not required under this section for the year commencing on 1 September 2022.\n> \n> > (6) The EPA must, before 1 September each year, publish notice of the adjusted amount on the following websites—\n> > \n> > > (a) the NSW legislation website,\n> > \n> > > (b) the EPA’s website.\n> > \n> > Editorial note.\n> > \n> > For notices under this subsection see [Contaminated Land Management (Adjusted Amounts) Notice 2025 (448)](/view/pdf/asmade/sl-2025-448).\n> \n> > (7) The EPA’s failure to publish a notice does not affect a person’s liability to pay the adjusted amount.\n> \n> > (8) In this section—\n> > \n> > Public Sector Wage Price Index means the Wage Price Index (Public Sector) for New South Wales published by the Australian Statistician.\n> > \n> > Public Sector Wage Price Index number, for a quarter, means the number for the quarter appearing in the Public Sector Wage Price Index.\n> > \n> > year means a year commencing on 1 September.","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Protocol for determining amount representing monetary benefits—the Act, s 95A","content":"#### 12 Protocol for determining amount representing monetary benefits—the Act, s 95A\n\n12 Protocol for determining amount representing monetary benefits—the Act, s 95A\n\n> For the Act, section 95A(3), the Protocol for calculating monetary benefits, prepared by the EPA and published in the Gazette, as in force from time to time, is prescribed.","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Amendments to guidelines that do not require consultative process—the Act, s 105","content":"#### 13 Amendments to guidelines that do not require consultative process—the Act, s 105\n\n13 Amendments to guidelines that do not require consultative process—the Act, s 105\n\n> For the Act, section 105(7), definition of minor amendment, paragraph (c), each of the following is declared to be a minor amendment—\n> \n> > (a) an amendment consequential on a legislative change,\n> \n> > (b) an amendment of a machinery nature.","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Time limit for giving reasons for certain decisions—the Act, s 106","content":"#### 14 Time limit for giving reasons for certain decisions—the Act, s 106\n\n14 Time limit for giving reasons for certain decisions—the Act, s 106\n\n> For the Act, section 106(2)(a), the EPA must provide a statement of reasons within 30 days of receiving a request for the reasons.","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Repeal and saving","content":"#### 15 Repeal and saving\n\n15 Repeal and saving\n\n> > (1) The [Contaminated Land Management Regulation 2013](/view/html/repealed/current/sl-2013-0491) is repealed.\n> \n> > (2) An act, matter or thing that, immediately before the repeal of the [Contaminated Land Management Regulation 2013](/view/html/repealed/current/sl-2013-0491), had effect under that Regulation continues to have effect under this Regulation.","sortOrder":18},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Penalty notice offences","content":"# Schedule 1 Penalty notice offences\n\nSchedule 1 Penalty notice offences\n\n| Column 1 | Column 2 | Column 3 |\n| Provision | Penalty | Penalty |\n| Offences under the Act |\n| Section 10(5) | $7,500 | $15,000 |\n| Section 14(6) | $7,500 | $15,000 |\n| Section 28(4) | $5,000 | $10,000 |\n| Section 48(1) | $7,500 | — |\n| Section 48(2) | — | $15,000 |\n| Section 60(1) | $4,000 | $8,000 |\n| Section 60(2) | $4,000 | $8,000 |","sortOrder":19}],"analysis":{"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no indication that the scope of this regulation has changed from its original intent. It has remained in its original 'as made' form since commencement on 26 August 2022, with no amendments recorded. It appears to straightforwardly replace or update a prior contaminated land management regulation within the same established legal framework."},"complexity_factors":["The document provided contains only the metadata and status information of the regulation, not its substantive provisions — making it impossible to assess the true legal complexity of the operative rules","The regulation operates as a subordinate instrument under a parent Act (Contaminated Land Management Act 1997), requiring cross-referencing to understand the full legal framework","Contaminated land law inherently involves technical scientific concepts (contamination thresholds, remediation standards) that can be complex in practice","The automatic staged repeal mechanism adds a temporal dimension that practitioners and affected parties must track","Without access to the full text of the regulation's operative clauses, the complexity score is conservatively rated based on available information"],"plain_english_summary":"The Contaminated Land Management Regulation 2022 (NSW) sets practical rules under the Contaminated Land Management Act 1997 for identifying, assessing and remediating contaminated soil and groundwater. It affects property owners, developers, businesses, environmental consultants/auditors, the NSW EPA and residents near suspect sites. It matters because contaminated land poses health and environmental risks — and the regulation is scheduled for automatic repeal on 1 September 2027 under routine legislative review."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Regulation does not expand the substantive reach of the Act. It updates and prescribes administrative matters—fees, indexation, guideline instruments, auditor procedures, and penalty notice amounts—and repeals the 2013 Regulation while preserving prior effects (s 15). The changes are procedural and fiscal rather than altering who or what the Act applies to (see ss 4–12, Schedule 1)."},"complexity_factors":["Multiple fee categories with different bases and scalable rates (application fee, accreditation fee, hourly administrative cost) (ss 4, 6, 7)","Annual indexation mechanism using the Public Sector Wage Price Index with formula, rounding rules and publication obligations (s 11)","Cross-references to the Contaminated Land Management Act and other instruments, and prescription of EPA-prepared guidelines published in the Gazette (ss 3, 5, 12)","Procedural time limits and reporting particulars for accredited site auditors, including renewal windows and detailed annual return content (ss 9, 10)","Discretionary EPA powers to waive or refund fees in specified leave circumstances (s 8)","Penalty-notice schedule that maps specific Act offences to fixed penalty amounts and different corporate rates (Schedule 1; s 1 of Schedule)","Repeal-and-saving clause that replaces the 2013 Regulation but preserves existing effects (s 15)","Administrative detail that imposes compliance, recordkeeping and publication duties on the EPA and on auditors (ss 4(2), 10(1)–(2), 11(6)–(7))"],"plain_english_summary":"This Regulation sets specific fees, indexing, procedural rules and published guidelines that operate under the Contaminated Land Management Act. It prescribes administrative cost recovery rates, application and accreditation fees for site auditors, how those amounts are adjusted each year, reporting and renewal requirements for auditors, EPA powers to publish guidance and waive fees, and a schedule of penalty-notice amounts."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a standard re-enactment regulation that replaces the 2013 version. It maintains the same scope — setting fees, prescribing administrative procedures for site auditor accreditation, and providing machinery provisions for the parent Act. The saving provision (section 15(2)) ensures continuity, and the fee adjustment mechanism (section 11) is a standard modernisation feature rather than an expansion of scope."},"complexity_factors":["Short length (15 sections plus schedule)","Minimal cross-referencing — primarily refers back to specific sections of the parent Act rather than creating complex internal dependencies","Straightforward mathematical formula for fee adjustment (single index-based calculation with simple rounding rule)","Only 1 defined term in the interpretation section ('the Act')","No nested exceptions or conditional logic beyond simple alternatives (e.g., 'if corporation, use Column 3')","Clear structure following the parent Act's divisions (fees, auditors, miscellaneous)"],"plain_english_summary":"This Regulation sets out the administrative rules for how contaminated land is managed in New South Wales. It works alongside the main Contaminated Land Management Act 1997.\n\n**What it does:**\n\n* **Sets fees and costs** — It fixes specific dollar amounts for things like EPA (Environment Protection Authority) administrative work ($101 per hour), application fees for becoming an accredited site auditor ($1,199), and annual accreditation fees (up to $8,377 depending on length). These fees automatically adjust each year based on public sector wage changes.\n\n* **Regulates site auditors** — People who audit contaminated sites must be accredited by the EPA. The Regulation sets out: how much they pay, when they must apply for renewal (30–60 days before expiry), what information they must report annually about each audit they conduct, and when the EPA can waive fees if auditors take extended leave.\n\n* **Financial assurances** — When the EPA orders someone to clean up contaminated land, it can require a financial assurance (basically a bond or guarantee that the money is there to do the work). The Regulation says the EPA must follow specific guidelines when setting these requirements.\n\n* **Penalty notices** — It lists specific offences under the main Act where the EPA can issue on-the-spot fines (ranging from $4,000 to $15,000 for corporations), rather than taking people to court.\n\n* **Administrative details** — It sets time limits (30 days) for the EPA to give reasons for certain decisions, and defines what counts as a 'minor amendment' to guidelines that doesn't need public consultation.\n\n**Who it affects:**\n\n* Property owners and developers dealing with contaminated land\n* Site auditors (environmental consultants who check if land is safe)\n* The EPA itself\n* Anyone ordered to remediate (clean up) contaminated land\n\n**Why it matters:**\n\nThis Regulation puts the practical machinery in place for the contaminated land regime. Without it, the EPA wouldn't have clear authority to charge for its time, auditors wouldn't know what to report or pay, and there would be no automatic system for keeping fees up to date with inflation. It essentially makes the main Act operable day-to-day."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/contaminated-land-management-regulation-2022","history":"/api/acts/contaminated-land-management-regulation-2022/history","analysis":"/api/acts/contaminated-land-management-regulation-2022/analysis","conflicts":"/api/acts/contaminated-land-management-regulation-2022/conflicts","importantCases":"/api/acts/contaminated-land-management-regulation-2022/important-cases","documents":"/api/acts/contaminated-land-management-regulation-2022/documents"}}