Hit suspected contamination or protected vegetation and the job stops until it is assessed — and there are statutory duties to notify the EPA, plus permits for clearing. Here is what to do on site, who to tell, and the clearing rules. (Specific projects need contaminated-land and ecology advice.)
Suspected contaminated soil — stop and assess
The first move when you hit signs of contamination (odours, staining, asbestos fragments, buried drums, unusual fill, a PFAS history):
- Stop or restrict work in the affected area on reasonable suspicion;
- Isolate it — barricades and signage — and prevent off-site migration of dust, runoff or groundwater (dust suppression, bunding, covering stockpiles);
- Hold until the risk is assessed.
Who to notify
State contaminated-land statutes and pollution laws impose duties to notify:
- NSW — the Contaminated Land Management Act 1997 plus the POEO Act: notify the NSW EPA if contamination is significant enough to regulate or likely to migrate off-site; and immediately report any pollution incident causing or threatening "material harm" under section 148 of the POEO Act.
- VIC — the Environment Protection Act 2017: the person in management or control must notify EPA Victoria "as soon as practicable" on becoming aware of prescribed notifiable contamination, with a 24-hour hotline for imminent risk.
- WA — the Contaminated Sites Act 2003: report suspected or known contaminated sites to DWER.
On a job: tell the principal contractor and PCBU immediately, notify the landowner or developer, and engage a contaminated-land consultant to advise whether the duty-to-notify thresholds are met.
The staged investigation
Investigation follows the National Environment Protection (Assessment of Site Contamination) Measure (ASC NEPM) — a staged process: a preliminary site investigation (desk study, limited sampling) → a detailed site investigation → risk assessment and a remediation plan. The "person in management or control" must identify contamination they know or ought to know about, arrange investigation by a suitably qualified (often EPA-certified) consultant, and manage or clean it up. Older industrial and commercial sites being converted to residential often need a contamination assessment before the DA.
PFAS — the emerging one
PFAS ("forever chemicals", historically from firefighting foam — AFFF) gets special handling. Under the PFAS National Environmental Management Plan (NEMP) and state rules, EPA approval is needed to reuse or landfill PFAS soils, with options to treat, encapsulate on site, or remove to a licensed facility. Pre-work PFAS screening is increasingly expected on older industrial sites with an AFFF history — and the Commonwealth Defence framework (mandatory PFAS testing on any soil-disturbing work on the Defence estate) is a useful best-practice benchmark.
Native vegetation clearing
Native vegetation is strongly protected — a permit is usually required unless an exemption applies, and the penalties are significant:
- WA: clearing is regulated under Part V of the Environmental Protection Act 1986 and the Clearing Regulations 2004 — a clearing permit unless exempt ("very low impact", typically under ~5 ha with no significant values, but not in environmentally sensitive areas). Unauthorised clearing carries penalties up to $250,000 (individual) / $500,000 (corporation) plus rehabilitation.
- NSW: non-rural clearing above thresholds triggers the Biodiversity Offset Scheme and Native Vegetation Panel approval — thresholds of 0.25 ha (lots under 1 ha), 0.5 ha (1-40 ha), 1 ha (40-1000 ha) and 2 ha (over 1000 ha), with the Biodiversity Assessment Method and possible offsets above them.
- VIC: a planning-scheme permit is generally required to remove native vegetation, with offsets.
Remember "native vegetation" means native trees, shrubs and groundcover — not just big trees — and many species are also listed under threatened-species law, adding a permit layer.
EPBC near protected habitat
The federal EPBC Act 1999 sits on top: clearing that is known or likely habitat for a listed threatened species, or work near a Ramsar wetland or other MNES, can require a referral and assessment (see Aboriginal Cultural Heritage & EPBC). Developers use the Protected Matters Search Tool and ecological surveys to screen, and outcomes near listed-species habitat often mean redesigning to avoid key habitat, timing restrictions or habitat offsets.
The checkpoints
- Before works: a historical land-use review, contamination screening, and ecology/vegetation constraints mapping.
- During works: clear unexpected-find procedures (contaminated soil, asbestos, PFAS, threatened flora/fauna) — stop, isolate, report internally, escalate to consultants and regulators.
- Layer the compliance: the state contaminated-land and clearing frameworks plus an EPBC MNES check for anything intersecting threatened habitat.
Common mistakes
- Pushing on through suspected contamination instead of stopping and assessing.
- Missing the statutory duty to notify the EPA (NSW s148, VIC EP Act, WA DWER).
- Clearing native groundcover or shrubs assuming only "trees" count.
- Skipping a PFAS screen on a site with a firefighting-foam history.
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