Victorian Numbered Regulations

ENVIRONMENT PROTECTION REGULATIONS 2021 (SR NO 47 OF 2021) - REG 8

For the purposes of section 37(a) of the Act, the following is prescribed notifiable contamination—

        (a)     the presence of a contaminant in or on soil on land under the management or control of a person if—

              (i)     a person is, or is likely to be, exposed to the contaminant; and

              (ii)     the concentration of the contaminant is, and is likely to remain, at a concentration that is—

    (A)     above the average threshold for that contaminant; or

    (B)     equal to or above the localised elevated value threshold for that contaminant;

        (b)     the presence of a contaminant in or on soil on land adjacent to land under the management or control of a person if—

              (i)     the contaminant has entered from, or is likely to have entered from, the land under the management or control of the person; and

              (ii)     the concentration of the contaminant is, and is likely to remain, at a concentration that is—

    (A)     above the average threshold for that contaminant; or

    (B)     equal to or above the localised elevated value threshold for that contaminant;

        (c)     the presence of a contaminant in or on soil on land under the management or control of a person—

              (i)     that is likely to enter and remain on land adjacent to that land; and

              (ii)     in a concentration that is likely to be above the HIL for that contaminant for the current use of the adjacent land, as specified in section 6 of Schedule B1 to the NEPM (ASC).