Contaminated land remediation — determining endpoints

The National Environment Protection (Assessment of Site Contamination) Measure, 1999, (as amended 2013) provides a framework, based on current scientific knowledge, for a consistent assessment of land contamination across Australia. While efforts to harmonise the remediation of contaminated land in Australia are being championed by the Cooperative Research Centre for Contamination Assessment and Remediation of the Environment (CRC CARE), currently such a framework does not exist. Harmonising remediation requirements will be difficult given the vast differences in legislative frameworks between jurisdictions and the many site-specific factors that need to be considered. However, given that uncertainty in requirements can affect liability estimates, land values, funding options, and impede property transactions, it is important to provide more certainty. Uncertainty in identifying remediation endpoints has evolved as a particular concern. Therefore, this paper discusses key elements of defining remediation endpoints including a discussion of remediation drivers and remediation objectives based on the regulatory framework in NSW. It is evident that irrespective of the complexities, there is a clear process in deriving remediation endpoints and following this process should assist stakeholders including land owners, property developers, lawyers, and contaminated land consultants to evaluate both the need for remediation and the extent of contaminated land remediation required in NSW. (author)