Contaminated land (NSW)
Contaminated land in NSW is governed by the Resilience and Hazards SEPP 2021 Chapter 4 (formerly SEPP 55). Site investigation, remediation, and DA effect for builders.
Ask Chalkline about this →Contaminated land in NSW is land that has been used for purposes that may have left chemical, asbestos, fuel, or biological residues capable of harming human health or the environment. Common contamination histories on residential redevelopment sites: former service stations, industrial uses, market gardening (organochlorine pesticides), dry-cleaners, fill from unknown sources, and asbestos disposal.
The governing instrument. Contamination in NSW is regulated by Chapter 4 of the State Environmental Planning Policy (Resilience and Hazards) 2021, which commenced 1 March 2022 and consolidated the former SEPP 55 Remediation of Land along with two other SEPPs. The Chapter 4 rules are functionally identical to the SEPP 55 regime; builders and consultants still commonly call it “SEPP 55 land” in conversation.
How a builder finds out. Three signals:
- The Section 10.7 planning certificate (the council’s planning history disclosure for a lot) flags the property as contaminated, potentially contaminated, or with a “matter affecting” notation referring to contamination.
- The site’s prior use is on the EPA’s list of land uses likely to have caused contamination (under the Managing Land Contamination Planning Guidelines).
- A council’s contaminated land register records a notification or order on the lot.
Consequences for the development pathway. The consent authority (council, or the certifier for CDC) must consider whether the land is suitable for the intended use. If contamination is suspected, the application typically requires:
- A preliminary site investigation (PSI) by a suitably qualified contaminated land consultant.
- A detailed site investigation (DSI) if the PSI finds reason to investigate further.
- A remediation action plan (RAP) and, on completion, a site audit statement by an EPA-accredited Site Auditor.
The investigation requirement typically pushes a job that would otherwise have been CDC-eligible into the full DA path, because complying development pathways do not handle contamination assessment.
Category 1 vs Category 2 remediation. Category 1 remediation work needs development consent (high-risk work, contamination affecting a sensitive use, etc.). Category 2 remediation can be carried out without consent, subject to notice to the consent authority before commencement and on completion.
Other states. Each state has its own regulatory regime: VIC under the Environment Protection Act 2017, QLD under the Environmental Protection Act 1994. The NSW concept of “contaminated land triggering a DA” is mirrored loosely in other states but the assessment instruments are different.
Also known as: contaminated site, potentially contaminated land, SEPP 55 land (legacy term).
Category: Approvals / planning / contamination / NSW.
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Last updated: 2026-05-14. Verified: 2026-05-14.