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New policy aims to keep residents informed about contamination


A new draft policy which aims to keep residents informed about the potential contamination of local land in Orange is on display for community comment.

Orange City Council is the latest of a number of councils across the western region to introduce new procedures which are aimed at :
  • keeping a register of both current and historical uses of commercial and industrial land, which may lead to contamination, and
  • providing information to landowners and prospective owners, including steps to manage contamination in the future.
Twenty Councils from Coonamble to Cowra and Lithgow to Lachlan have joined up to the Contamination Central project.

Launched in October last year, the project is funded by the NSW Government through the NSW Environment Protection Authority’s Contaminated Land Management Program until June 2017 with funding from the NSW Environmental Trust.


Councils are working to prepare a new regional Contaminated Land Management Policy template. Each council is looking to adopt the policy after consulting with their community.

Orange Mayor John Davis said the new policy will broaden the information that’s available to residents.

“One of the routine searches that happens when someone is looking at buying land is called a Section149 certificate,” Cr John Davis said.

“These certificates contain information on how a property may be used and any restrictions on development.”

The new policy will enable the council to comply with NSW legislation (Clause 7, Schedule 4 of the of the Environmental Planning and Assessment Regulations 2000) which requires that a Section 149 planning certificate identify whether or not the development of land could be affected by the likelihood of any contamination risk.

“Providing information about the contamination of land on planning certificates is aimed at giving a prospective purchaser of land, fair warning that in the event of a development application, Council may require specific contamination assessments to be carried out, and/or remediation if warranted for that development.”

The new draft policy is currently on display for community comment.

The deadline for comments is Friday 16 September. It’s expected Orange City Council will consider submissions on the draft policy at a meeting in October.

The new procedure will add to the information that’s already available when someone applies for a Section 149 certificate, The council will be supplying additional information as Council staff begin to investigate more into past uses of land which may have led to potential contamination.

Anyone can apply for a section 149 certificate which covers any land in a particular local government area. The certificates contain information on how a property may be used and the restrictions on development.

"For people who are buying property it’s important they go in with their eyes open and know as much about a property as possible," John Davis said. "While contamination stays the responsibility of the polluter, often the buyer works out the costs of remediating any potential contamination and builds that figure into what they were prepared to pay."

Around 20 councils across the central west are gradually adopting this same set of procedures as part of a NSW Government policy.

"It’s important that this change in policy is on public display so that residents can find out more and understand the changes."




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