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Site Contamination

Site contamination can occur as a result of the introduction of chemical substances that are above background concentrations to a site. If site contamination exists then it must be determined who is the appropriate person. The appropriate person has responsibility for implementing and funding the assessment and remediation of site contamination and, if necessary, independent auditing by a site contamination auditor. In certain circumstances the site owner rather than the actual person who caused the site contamination may be deemed to be the appropriate person.

Holders of EPA licences can transfer liability for site contamination if they are transferring their licence to another person [see Environment Protection Act 1993 (SA) ss 103A-103ZB].

A person selling their property has an obligation to inform prospective purchasers of any knowledge of site contamination and activities that may cause site contamination [see Land and Business (Sale and Conveyancing) Act 1994 (SA)].

Site Contamination  :  Last Revised: Fri Feb 22nd 2013
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.