129Complying development on contaminated land

#### 129 Complying development on contaminated land 129 Complying development on contaminated land > > (1) This section applies to an application for a complying development certificate for complying development under— > > > > > (a) [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572), Part 5A, and > > > > > (b) [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), Schedule 13, sections 1–3. > > > (2) The application must specify whether the land on which the development will be carried out— > > > > > (a) is or was used for a purpose listed in Table 1 to clause 3.2.1 of the document entitled Managing Land Contamination Planning Guidelines, SEPP 55—Remediation of Land, published in 1998 by the Department of Urban Affairs and Planning and the Environment Protection Authority, or > > > > > (b) is on the list of sites notified under the [Contaminated Land Management Act 1997](/view/html/inforce/current/act-1997-140), section 60. > > > (3) If the development will be carried out on land specified in subsection (2), the application must be accompanied by a statement by a qualified person. > > > (4) The statement must certify that the land has been investigated in accordance with guidelines made by the Environment Protection Authority under the [Contaminated Land Management Act 1997](/view/html/inforce/current/act-1997-140), section 105, as in force from time to time. > > > (5) The statement must certify that the land— > > > > > (a) is suitable for the intended purpose of the development, considering the contamination status of the land, or > > > > > (b) will be suitable if the remediation works specified in the statement are carried out. > > > (6) This section does not apply to complying development carried out under the complying development provisions of [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), Chapter 5 in the Lease Area, within the meaning of that Chapter. > > > (7) In this section— > > > > qualified person means a person who has a certification specified in the Contaminated Land Consultant Certification Policy, published by the Environment Protection Authority in January 2018. > > **s 129:** Am 2022 (40), Sch 1\[22\] \[30\] \[31\]; 2022 (244), Sch 1\[2\].