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Amendment of the National Environment Protection (Assessment of Site Contamination) Measure – COAG Decision Regulation Impact Statement –National Environment Protection Council

On 11 April 2013, the National Environment Protection Council (NEPC) approved an amendment to the National Environment Protection (Assessment of Site Contamination) Measure (‘the NEPM’). The amendment incorporates updated methodologies for assessing human and ecological risks and site assessment methods in line with advances in Australia and overseas. The NEPM is a risk based framework used by regulators, site assessors, consultants, environmental auditors, landowners, developers and industry to assess whether site contamination requires further investigation or remediation. A statutory review in 2005-06 found that the NEPM may not be effectively protecting health and environment outcomes due to the use of outdated methodologies. Following an extensive consultation period with key stakeholders – including state and local governments, industry, environmental consultants and academia – the approved amendment updates the NEPM in four key areas:

  • ecological risk assessment;
  • health risk assessment;
  • asbestos; and
  • petroleum hydrocarbons and other volatile substances.

While the amendment is likely to increase site assessment costs (by an estimated $32 million nationally), these costs are likely to be offset by reduced site remediation costs. The amendment will also produce (unquantified) benefits in terms of:

  • more authoritative guidance;
  • greater certainty for health and environment protection outcomes;
  • increased opportunity for optimising costs;
  • lower regulation costs; and
  • improved social justice and equity for the community.

A Regulation Impact Statement (RIS) was prepared by the NEPC Technical Working Group (chaired by the Western Australia Department of Environment and Conservation) and assessed as adequate by the Office of Best Practice Regulation.