Applications to the Committee to determine responsibility for remediation

 

The process for assessing and determining applications submitted to the Contaminated Sites Committee (Committee) is governed by the Contaminated Sites Act 2003 (the Act) and the Contaminated Sites Regulations 2006 (Regulations).

 

Section 36 of the Act provides that the Committee is to make a decision as to responsibility for remediation if it is requested to do so by an 'interested person', or may do so on its own initiative.

 

Who can apply for a responsibility for remediation determination?

  • An owner or occupier of the land that comprises all, or part, of the site.

  • A former owner or occupier of land that comprises all, or part, of the site and in respect of whom there are reasonable grounds to suspect may have caused, or contributed to, the contamination of the site.

  • A present or former owner or occupier of land adjoining land that comprises all, or part, of the site and in respect of whom there are grounds to suspect may have caused, or contributed to, the contamination of the site.

  • A mortgagee of land that comprises all, or part, of the site.

  • A person given an investigation, clean up or hazard abatement notice under section 42(1) of the Act in relation to the site.

  • The Chief Executive Officer of the Department of Water and Environmental and Regulation (CEO of DWER).

  • If you do not meet the above criteria you may ask the Committee to exercise its initiative under section 36 of the Act to make a decision.

What do I need to do?

  • Submit the application in writing and signed by the applicant.

  • Stipulate the name and address of the applicant.

  • Clearly describe the location and the extent of the site sufficient to identify it.

  • Describe the applicant's interest in the site.

  • Clearly set out the grounds and facts on which the applicant relies to establish that he/she is or is not responsible for remediation of the site.

  • Provide information that is relevant to the responsibility for remediation of the site, or any part of the site that may be relevant to the contamination status of the site for example - contracts, leases, environmental technical reports, legal documents, records of licences to hold or store dangerous goods, records of spills/leaks or accidents, records of equipment and storage facilities, details of the use and operations occurring at the site.

  • Provide a certified copy of certificate (s) of title for the land that comprises all, or part of the site.

 

If you are unsure about your eligibility to lodge a responsibility for remediation application under the Act, you may wish to seek professional legal advice before proceeding.

 

Where do I lodge my responsibility for remediation application? 

Contaminated Sites Committee 
Level 22 Forrest Centre
221 St Georges Terrace
PERTH WA 6000

Email – admin@csc.wa.gov.au

How much will it cost?

There is no prescribed fee for requesting a responsibility for remediation decision.

What happens next? 

The responsibility for remediation decision-making process is very lengthy, often highly complex and can take from one to five years for a final decision.

 

Once the Committee has received all of the relevant information in relation to the responsibility for remediation determination, the Committee will—

  • Consult with any person it considers necessary and conduct its enquires in any manner it considers appropriate.

  • Issue a preliminary responsibility for remediation decision under section 37 of the Act (s.37 Notice) to all parties and invite submissions.

  • Consider and review s.37 Notice submissions, responses and new evidence provided by parties.

  • Give notice to relevant parties under section 39 of the Act (s.39 Notice) of the Committee’s final decision.

     

A person who has been given a s.39 Notice may appeal against the Committee's decision under section 77 of the Act to the Supreme Court of Western Australia on a question of law within 21 days after the s.39 Notice was given, or such later time as may be specified by the Supreme Court.

 

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