Contaminated land

Lake Macquarie City has three main soil contaminants of concern:

Lead

Lake Macquarie City accommodated the Pasminco Cockle Creek Lead Smelter for more than 100 years. This smelter contributed to land contamination from atmospheric lead dust and the production and distribution of black slag. Further lead contamination in the City has occurred from the historic use of lead paint.

• Lead dust from the smelter contaminated the soil in parts of Boolaroo, Speers Point, Argenton, Teralba and some neighbouring areas. The affected areas is called the Pasminco Lead Contamination Survey Grid (LCS Grid). Soil on properties within the LCS Grid is considered potentially contaminated until a lead-in-soil test from a qualified consultant indicates otherwise.
• Black slag is a by-product of lead smelting and resembles black sand-like material. Historically, black slag was thought to be safe for landscaping applications and, being freely available from the smelter, was widely distributed throughout the City. Recently, soluable lead was identified in black slag deposits and consequently the material is now considered a contaminant.
• Lead paint was commonly used throughout the City prior to 1970. Lead paint is known to flake off and cause contamination on the ground surrounding the building. The Australian Government has more information on the health effects of lead exposure.

Asbestos

Asbestos is a fibrous mineral that has excellent insulating properties and is resistant to fire, moisture and chemical damage. Until being banned in Australia for health reasons, asbestos fibre was used in an extensive range of products including (but not limited to) building cladding, plumbing, gaskets, brake linings, insulation, ducting, ropes and clothing.

More information on how to handle, dispose and remove asbestos is available on our website.

Hydrocarbons

The storage of hydrocarbons (petrol, diesel, etc) in tanks can be problematic. Storage systems, including the tank and fittings, can leak and cause land contamination which may spread to surrounding areas, and in extreme cases, reach groundwater. Local councils inspect and regulate all underground petroleum storage systems (UPSS) in NSW.

While performing development works, it is important to remain aware of contamination. Contamination may be caused by certain prior land uses, chemical spills, importing contaminated fill and other avenues. Our Contaminated Land in Lake Macquarie City(PDF, 205KB) fact sheet contains further information on identifying and managing contamination during development works.

If contaminants are present, Council will require land developers to remediate the land prior to obtaining development consent. The acceptable levels of soil contaminants is in the National Environment Protection (Assessment of Site Contamination) Measure.

If remediation is required, the landowner (or the polluter, if known) is responsible for the contaminated land. This includes all remediation costs and any legal implications.

Contaminated land should be handled with caution. In addition to being a potential health hazard, the handling of, removal and/or transport of contaminated land may be regulated. It is recommended to work with qualified consultants when it is suspected that contaminated land is present.

Council Officers are available to provide advice on managing contamination during development.

Residents within the Pasminco Lead Abatement Strategy area should contact the EPA's Waste Compliance Team on 4908 6800 to discuss management and disposal options for lead contaminated soils.

Minor and moderate contamination

Contaminated land issues are largely managed by the process described in the State Environmental Planning Policy (Resilience and Hazards) 2021(PDF, 447KB). This provides advice on how to remediate contaminated land in NSW.

Significant contamination

If the contaminant poses an unacceptable risk to humans or the environment, the EPA must be notified by calling 131 555 as soon as possible.

The landowner (or polluter, if known) is responsible for notifying the EPA, even if contamination occurred prior to ownership and it is an offence to not notify the EPA as soon as practicable.

If the EPA deems the site to be significantly contaminated, contamination must be managed in accordance with the Contaminated Land Management Act 1997. This Act provides detailed information on how significant contamination must be handled, along with the duty to notify and other important information.

Council is addressing local contaminated land issues through a range of initiatives including:

• A Contaminated Land Policy(PDF, 654KB), which provides an overview of Council's strategies to manage contamination throughout the City
• On request and for a fee, Council issues Planning Certificates under Section 10.7 Planning Certificates, which, in part, detail the contaminated land status of the property
• Maintaining a contaminated land database, which provides an historical record of all contamination throughout the City. The database is used to inform Council officers response to land enquiries, and for information on Section 10.7 Planning Certificates
• Environmental Management Plan for Contaminated Land in Council's care and control provides guidance on minimising the risks associated with contaminated land in the city, and is aligned with appropriate standards and legislation
• Council Officers are required to consider contaminated land when assessing development and planning proposals for the rezoning of land. These development applications are assessed against national contaminated land standards

We can provide advice on contaminated land within the City. Please call our Customer Service Centre on 4921 0333 if you require further information. For more advice on managing contaminated land in NSW, visit epa.nsw.gov.au.