7References to Chapters and Parts

7 References to Chapters and Parts

Unless the context otherwise requires, a reference in these Regulations to a Chapter or Part by a number must be construed as a reference to the Chapter or Part, designated by that number, of these Regulations.

Chapter 2—Contaminated land

Part 2.1—Prescribed notifiable contamination

8 Soil contamination

For the purposes of section 37(a) of the Act, the following is prescribed notifiable contamination—

(a) the presence of a contaminant in or on soil on land under the management or control of a person if—

(i) a person is, or is likely to be, exposed to the contaminant; and

(ii) the concentration of the contaminant is, and is likely to remain, at a concentration that is—

(A) above the average threshold for that contaminant; or

(B) equal to or above the localised elevated value threshold for that contaminant;

(b) the presence of a contaminant in or on soil on land adjacent to land under the management or control of a person if—

(i) the contaminant has entered from, or is likely to have entered from, the land under the management or control of the person; and

(ii) the concentration of the contaminant is, and is likely to remain, at a concentration that is—

(A) above the average threshold for that contaminant; or

(B) equal to or above the localised elevated value threshold for that contaminant;

(c) the presence of a contaminant in or on soil on land under the management or control of a person—

(i) that is likely to enter and remain on land adjacent to that land; and

(ii) in a concentration that is likely to be above the HIL for that contaminant for the current use of the adjacent land, as specified in section 6 of Schedule B1 to the NEPM (ASC).