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Potentially contaminated land

Photo of an apple orchard

Potentially contaminated land refers to the residential land that is identified as a Hazardous Activities and Industries List (HAIL) site and is listed on the ECan Listed Land Use Register (LLUR).

EQC’s responsibility

EQC will fund the HAIL-related costs associated with the EQC land repair. EQC is not responsible for addressing the effects of the site itself (e.g. the contamination).

In practice, where an EQC funded land repair trips the National Environmental Standard (NES) soil disturbance thresholds, EQC will:

  • Pay for soil testing in order to produce a Detailed Site Investigation (DSI);

  • Pay for a consent application in order to undertake the works if the DSI indicates contamination above background levels; and

  • Pay for reasonable consenting related costs associated with undertaking the repair (e.g. writing a site management plan (or similar compliance documentation) and removal/safe disposal of contaminated soil and replacement with clean soil (if required)).

The threshold for NES

There are two triggers in the Soil National Environmental Standard regarding soil disturbance based on volume:

  • if an activity disturbs more than 25m3 of soil (over a 500m2 section); or

  • if more than 5m3 of soil (over a 500m2 section) is being taken off site for disposal.

Then soil testing is required.

If an EQC-funded land repair trips the volumetric trigger then EQC funds the resulting soil testing.

EQC’s land obligation is limited to the EQC insured area

The EQC insured land area is the land within the property boundary which is:

  • under the house and outbuildings (for example, a garage or a shed);

  • within eight metres of the house and outbuildings; and

  • under or supporting the main access way from the boundary, up to 60 metres from the house and outbuildings.

Within the EQC insured land area, EQC’s HAIL obligations are confined to the actual area of the EQC funded repair.

If you are not planning any changes on your land (such as major repair or landworks) then no action is required.


Related external information

ECAN website - What is contaminated land ?

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