New South Wales Consolidated Regulations

BLUE MOUNTAINS LOCAL ENVIRONMENTAL PLAN 2005 - REG 89

89 Remediation of contaminated land

(1) This clause applies to any development on contaminated land.

(2) Consent shall not be granted to any development to which this clause applies unless the consent authority has considered whether the land is contaminated, and--

(a) if the land is contaminated, the consent authority is satisfied that the land is suitable in its contaminated state (or will be suitable, after remediation) for the purpose for which the development is proposed to be carried out, and

(b) if the land requires remediation to be made suitable for the purpose for which the development is proposed to be carried out, the consent authority is satisfied that the land will be remediated before the land is used for that purpose.

(3) Nothing in this clause affects the application of State Environmental Planning Policy No 55--Remediation of Land to land to which this plan applies.