Land Pollution

Land Contamination

Land contamination occurs due to leakage of pollutants into the ground and groundwater, usually from commercial and industrial sites.

Although contaminated sites can occur anywhere, they are typically clustered in areas that have been used for industry. Land contamination is particularly prominent in the Bayside Council area, as it has been heavily used by industry for at least 100 years. Industries have included tanneries, wool scourers, chemical manufacturers, metal platers, service stations and depots, landfill and dry cleaners.

Much of this industrial use occurred before any environmental protection controls were in place or even considered necessary. This legacy means there are parts of the Bayside Council area that has some land and groundwater contamination due to:

Chemicals including chlorinated hydrocarbons and other solvents, Petroleum hydrocarbons including petrol and diesel, and Heavy metals, chromium including nickel, lead and arsenic.

The identification, investigation, clean-up and management of contaminated sites is important to protect our health and the environment. Due to the industrial history of the area, there are several properties in the Bayside Council area that are in the process of being cleaned up or have a management plan in place.

The NSW Environment Protection Authority is the agency responsible for formulating guidelines for contaminated land investigation and management, and for managing contaminated land and clean-up strategies for significantly contaminated sites. A list of these sites can be found at the EPA in the Record of Notices.

Council is responsible for assessing whether a site is contaminated and is suitable for the intended use as part of Development Application process. Council also maintains a register of contaminated sites located within the local government area.

Contaminated Land Assessment

In accordance with the State Environmental Planning Policy No 55 - Remediation of Land, Council requires contamination assessments to be submitted with all Development Applications where:

The site is known to have been used for a potentially contaminating use or is otherwise suspected by Council to be contaminated

The Development Application is for residential or recreational development on land which has been used for any industrial or commercial purpose.

The Development Application is for a childcare facility or school regardless of site history

How does this relate to my development application?

If you intend to develop your property (i.e. submit a development application), Council is required to consider the suitability of a site for development including any potential risk to human health and the environment, in accordance with State Environmental Planning Policy 55 – Remediation of Land. If a site has been identified as contaminated, State Environmental Planning Policy 55 imposes an obligation on councils that the site is suitable for use or will be after remediation.

If a development requires remediation, a sign off that this has been achieved and a Site Audit Statement, which is an independent review of any or all stages of the site investigation process, may also be required.

Botany Bay Development Control Plan 2013 (Amendment 5)

Acid Sulphate Soils

Many low-lying coastal areas have naturally occurring acid sulphate soils, including Bayside Council. Any developments or civil works that involve the disturbance of soil below the groundwater table within the Bayside Council area, have the potential to disturb actual or potential acid sulphate soils. These soils can form sulphuric acid when exposed to the air, that can leach into the neighboring drains, wetlands, creeks, estuaries and bays, causing severe environmental damage. Exposed acid sulphate soils can also impact on infrastructure by causing serious damage to steel and concrete structures and the foundations of buildings.

There are five classes of land when categorising risk from acid sulphate soils. Each Class has corresponding acid sulphate soil risk management requirements. Further information can be found at:

Acid sulphate soil risk maps for Bayside West and Bayside East areas.

Acid sulphate soil classes for Bayside West and Bayside East areas

Fact Sheet – Acid Sulphate Soils (new fact sheet for Bayside Council is required)

All Development Applications are assessed for the likelihood of acid sulphate soils onsite, and depending on the risk class, appropriate management measures are required during demolition, excavation and construction.

Further general information on acid sulphate soils can also be found at: NSW Office of Environment and Heritage

If you have any questions, please contact Council's Strategic Planning Team on 1300 581 299 or email council@bayside.nsw.gov.au.