Managing contaminated land
Duty to notify
The department is responsible for making sure that contaminated sites, including sites that have been used for activities that are likely to cause contamination, are managed in a way that protects public health and the environment in Queensland. Chapter 7 Part 1 Division 2 of the Environmental Protection Act 1994 (the EP Act) stipulates how this is achieved.
In some circumstances the notification is required within a 24 hour period. For more information about your duty to notify read the Guideline – The duty to notify of environmental harm which is form number ESR/2016/2271.
Timeframe to make a notification
If you have a duty to notify, and become aware that a notifiable activity under Schedule 3 of the EP Act has been or is being carried out, you must notify the department in writing within 20 business days of the activity commencing or from when you become aware.
In all other circumstances, you must notify the department in writing within 24 hours and should immediately call the department’s Pollution Hotline on 1300 130 372 to make a report. The Pollution Hotline is open 24 hours a day, 7 days a week.
Whilst not a legislative requirement, reporting to the Pollution Hotline allows the department to take necessary measures to prevent further harm and to mitigate the effects of an incident or event.
How to make a notification
The following information explains how and when to make a notification in specific circumstances.
If while carrying out an activity (the primary activity), you become aware, that an event has happened that causes or threatens serious or material environmental harm, because of the person’s or someone else’s act or omission in carrying out the primary activity or another activity being carried out in association with the primary activity.
Within 24 hours, you must submit form number ESR/2016/2230 to the department as written notice and should also call the departments Pollution Hotline on 1300 130 372. As soon as reasonably practical, you also must give written notice to any occupier of the affected land or any registered owner of the affected land.
If while carrying out a resource activity other than a mining activity (also the primary activity), you become aware of the happening of one or both of the following events:
- the activity has negatively affected, or is reasonably likely to negatively affect, the water quality of an aquifer
- the activity has caused the connection of two or more aquifers.
Within 24 hours, you must submit form number ESR/2015/1753 to the department as written notice and should also call the departments Pollution Hotline on 1300 130 372. As soon as reasonably practical, you also must give written notice to any occupier of the affected land or any registered owner of the affected land.
If you are an officer of a local government, an owner or occupier of land, an auditor performing an auditor’s function or a rehabilitation auditor conducting an audit of a PRCP schedule and you become aware of:
- the presence of, or happening of, an event involving a hazardous contaminant on the land that is causing or is reasonably likely to cause serious or material environmental harm.
Within 24 hours, you must submit form number ESR/2016/2230 to the department as written notice and should also call the departments Pollution Hotline on 1300 130 372.
If you are an officer of a local government, an owner or occupier of land, an auditor performing an auditor’s function or a rehabilitation auditor conducting an audit of a PRCP schedule and you become aware of:
- a change in the condition of contaminated land (ie. land already on the EMR or the CLR), that is causing, or is reasonably likely to cause, serious or material environmental harm.
Within 24 hours, you must submit form number ESR/2025/7150 to the department as written notice and should also call the departments Pollution Hotline on 1300 130 372.
If you are an officer of a local government, an owner or occupier of land, an auditor performing an auditor’s function or a rehabilitation auditor conducting an audit of a PRCP schedule and you become aware of:
- a notifiable activity under Schedule 3 of the EP Act having been carried out, or being carried out, on the land.
Within 20 business days, you must provide written notice to the department and submit form number ESR/2015/1845.