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Buying, selling or developing land

If you’re looking to buy, sell or develop known contaminated land, or suspect it may be contaminated, contact us early.

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You need to understand potential risks to the environment and human health the site may pose.

Consider the following information when buying, selling, or developing any type of land, particularly if you:

  • know the site is contaminated
  • suspect it may be contaminated
  • know the site may pose an environmental or human health risk.

How we’re supporting land renewal

Throughout Victoria, many unused land parcels exist in both well-serviced and non-serviced areas. These are often on or next to:

  • former and existing industrial sites
  • former and existing commercial sites
  • historically contaminated land.

Sites that have been used for industrial or commercial purposes may be contaminated. This may be due to historical onsite activities (such as from spills or leaks from petroleum fuel storage). Contaminated sites have the potential to impact on future developments. Not addressing contamination could lead to:

  • unplanned, costly site clean ups
  • delay of your project.

To avoid this, you must consider potential risks the contamination may pose to human health or the environment, in the early stages of development.

We aim to:

  • provide clarity of our regulatory process, to support landowners, future buyers and developers
  • ensure developer assess and manage their risks to human health and the environment
  • inform landowners of their environmental obligations.

There may be costs and management needs associated with developing contaminated land. An example of this is managing waste. However, if you contact us and get our regulatory advice early, you could save time and resources.

If you have any questions, contact the Land Renewal Advisory team at development.advisory@epa.vic.gov.au

Development lifecycle

There are 8 stages during the development lifecycle:

Stage 1: Information gathering

Landowners and sellers

When selling land, landowners have an obligation to disclose known land contamination to those who:

  • are buying the land
  • may become the land manager.

You must minimise risks of harm to human health and the environment so far as reasonably practicable (duty to manage). You also have a legal obligation to notify us if your land is contaminated (duty to notify).

If the landowner suspects contamination, we recommend doing a Preliminary Site Investigation (PSI – section 2.1). This is an initial desktop-based assessment to determine if the land has the potential for contamination based on its historic use. An environmental consultant can do this.

For landowners and sellers, use these questions to determine your next steps:

The questions below are not an exhaustive guide but a brief step by step guide to support your decisions. It does not constitute legal or environmental advice. For specific regulatory advice, please contact us or a qualified environmental consultant. 

If you either own or you're selling land in Victoria, you have legal duties under the Environment Protection Act 2017 to manage and disclose contamination risks, even if you didn’t cause the contamination. 
 

EPA Victoria defines potentially contaminated land as land that may have been impacted by past or present activities involving hazardous substances, chemicals, or waste. Have you taken reasonable steps to assess if the site is potentially contaminated?

Buyers

It's important to find out whether the site could be contaminated. If no assessment exists, you should consider having one done before you buy (i.e. PSI). This will help you make an informed decision.

Think about the surrounding area and the type of development planned.

You’ll need to consider how the development could affect the environment and human health, both on-site and near the development. You should also consider how the surrounding environment and land uses could affect your development.

We also recommend developers consider possible impacts on cultural heritage. Speaking with Traditional Owners and Aboriginal communities can help to identify any that may exist.

For potential buyers, use these questions to determine next steps:

The questions below are not an exhaustive guide but a brief step by step guide to support your decisions. It does not constitute legal or environmental advice. For specific regulatory advice, please contact us or a qualified environmental consultant.

If you’re considering purchasing or developing land in Victoria, it’s essential to assess potential contamination risks and understand your legal obligations under the Environment Protection Act 2017 

Action

If you haven’t already, ask the landowner/seller for any information about the land’s potential contamination status. 
 

Have you done any due diligence to assess contamination risks?

Stage 2: Pre-purchase and negotiations

Based on stage 1, landowners and developers may need to do more environmental investigations. The findings may inform:

  • development options
  • timings
  • potential cost estimates for clean up or mitigation measures.

Stage 3: Buying, selling or developing land

It’s your responsibility to meet your needs and consider all Victorian regulatory requirements before:

  • selling
  • purchasing
  • developing.

Stage 4: Working documents (Site plans)

If your site is contaminated or poses a risk to health or the environment, you must clean it up or manage it.

In some cases, contamination can be managed onsite through:

  • reasonably practicable measures
  • good management
  • site planning.

Some actions to manage contamination may need an EPA permission.

For developers, use these questions to determine your next steps:

This is not an exhaustive guide but a brief step by step guide to support your decisions, it does not constitute legal or environmental advice. For specific regulatory advice, please contact EPA or a qualified environmental consultant.  

At this stage, you have either acquired the land or been appointed to develop it. You should be fully informed about the site’s history, any existing contamination and current management measures.

Are you dealing with a potentially or known contamination matter?

Stage 5: Planning

Early information obtained during stages 1 to 4 can assist the design and formation of a development proposal. This is before it enters the planning phase.

At the planning phase, planning authorities, including council, assess and approve these proposals. The assessment and decision consider a range of factors. This includes requirements of other regulators.

Council may still refer the planning application to us. They may ask for additional documentation to make their decision, they may request:

Once you receive the planning approval (i.e. the planning permit) carefully check the conditions of approval. They may require a Construction Environment Management Plan (CEMP) which may guide what you do in stages 6 to 8.

After an environmental audit, make sure you carry out all the auditor’s recommendations.

For developers, use these questions to determine next steps:

We serve as a referral authority and not the decision-maker in the planning process. However, the environmental assessments and stakeholder engagement done in stages 1 to 4 (of the Development Lifecycle) can significantly strengthen your planning application. They also help support your construction proposal from environmental and public health perspectives  

Have you worked through Stages 1-4 as a landowner, seller, buyer or developer? 

Stage 6: Pre-construction

From earlier stages, if contamination remains on-site, you may have an EPA approval or a notice to manage it. This needs to be factored into any development plans. If you have questions, contact us.

During active development, you have obligations to assess and manage your risks under the General Environmental Duty (GED). If you're in management or control of contaminated land, you have a duty to manage.

Before construction, you should have a CEMP. This is to manage contamination and risks to the environment and human health. A lack of a CEMP indicates to us that you may not be managing your environmental obligations effectively.

For developers/contractors, use these questions to determine next steps:

This is not an exhaustive guide but a brief step by step guide to support your decisions, it does not constitute legal or environmental advice. For specific regulatory advice, please contact EPA or a qualified environmental consultant.  

With a planning permit in place and active site development underway, you are required to comply with the General Environmental Duty . If land contamination is involved, you may also have a Duty to Manage  it and potentially have an EPA permission or be subject to an EPA notice. Proper planning and early engagement should ensure there are no unexpected issues.  

Have you developed a Construction Environmental Management Plan (CEMP) 

Stage 7: Construction

Make sure a copy of your CEMP is available to any contractors and held on site. Make sure all activities carried out by contractors and sub-contractors are in-line with your CEMP.

Sometimes during construction activities, as you’re digging up the site, you can discover contamination that may not have been picked up during previous assessments during the pre-construction stage.

If this happens, ensure you reassess to determine the appropriate management direction to take. Depending on the nature of the risk, contact us for regulatory support and information via our contact centre 1300 372 842 or the appropriate emergency services.

Stage 8: Post-construction

Ongoing management of any environmental risks may be needed.

Identifying and dealing with contaminated or potentially contaminated land

When looking at the development lifecycle, think about if the land might be contaminated from:

Look for signs of contamination. For example, visible oil spills or fragments of asbestos in the soil.

For more information, visit:

Ways to research a site's history of potentially contaminating activities

Researching past uses on the land may help you identify potential contamination. It can also indicate the types of contaminants that may be present.

Environmental auditors or environmental consultants can help with these assessments.

Some resources include:

When you identify contamination or potential contamination on land that you own

The information below will help you understand your duties and responsibilities:

Environmental consultants are recommended to investigate contamination because it can be complicated. Environmental consultants are typically professionals in science or engineering. They can:

  • perform environmental assessments, such as a PSI and detailed site investigations (DSI section 2.2). A DSI is only required if the PSI shows potential contamination or there is insufficient information to rule it out
  • review remediation/clean up options
  • develop clean-up plans.

Environmental investigations can help you:

  • identify land development/management risks
  • understand what’s needed to clean up and or manage contamination at the site.

We appoint environmental auditors, but they work independently. They conduct environmental audits and PRSAs.

Other considerations

Separation distances

If the land you plan to buy or develop is near an industry or a landfill, it could be affected by odour, dust, or gas.

Separating incompatible land uses is important. It protects the community from industrial activities that pose health, safety and amenity risks. It also protects industries from incompatible land use and development.

The separation distance guideline and landfill buffer guideline provide recommended separation distances. These are used to help determine whether a proposed land use or development is suitable in the context of surrounding land uses.

Wastewater treatment

The local Water Authority arranges the connection to the sewerage system if the development is in a sewered area. However, if your site does not have a sewer connection, sewage will have to be managed using an onsite wastewater management system.

Read more about onsite wastewater management systems and obtaining a permit from council.

Use these questions to find out if you need a permission from us or council.

Wastewater treatment is the process of removing contaminants from water that has been used in homes, businesses, and industries. This includes water from toilets, showers, sinks, washing machines, commercial and industrial processes. The goal is to produce water that is safe to return to the environment or reuse for other purposes.

In areas that do not have a sewer connection, an onsite wastewater management system, such as a septic tank system, is used to treat sewage.  

The regulation of onsite wastewater management systems (OWMS) is based on the estimated flowrate of sewage on any day. This can be estimated based on the number of dwellings and expected occupancy. Refer to the Guidelines for onsite wastewater management 

Do I need a permit for an OWMS?

For OWMS treating less than 5,000 litres on any day, you need to apply to council for a permit.  

An A20 permit is required to install, construct or alter an onsite wastewater system. Common systems include septic tanks and aerated wastewater treatment systems. Councils will issue an A20 permit in relation to single dwellings, small subdivisions, rural properties, small commercial operations etc.  

Council also regulates the operation and maintenance of existing systems.  

It is also critical to understand the land’s location and the various zoning of the area of the proposed development. There are strict rules around site location and wastewater treatment and discharge.

For OWMS treating, depositing or discharging more than 5,000 litres on any day, you may need to apply for an A03 sewage treatment licence from EPA.

Common systems include centralised treatment plants, community wastewater systems, etc. These systems may need an EPA licence to install and operate. This commonly applies to medium to large developments, multiunit housing, retirement villages, caravan parks, businesses, etc.

The following questions will help assess whether your proposed land use complies with the GED and relevant EPA and council requirements. 


Assessment 
Is the site connected to reticulated sewerage infrastructure?

Civil contractor, construction, demolition and waste transport considerations

Civil contractors have duties under the Environment Protection Act 2017 (section 25(1)). During land development projects, you are to minimise the risks from contamination to:

  • human health
  • the environment.

This includes understanding and minimising impacts from site activities, such as management of:

To prevent creating pollution and waste during your project, contractors should be:

For more information about requirements for civil contractors in land development, visit Construction industry.

Waste Tracker

Waste Tracker is an electronic system that tracks the movement of reportable priority waste (RPW) in Victoria. If you handle RPW, you must let us know every time it changes hands.

Learn about Waste Tracker, how to access it and start using it.

Permissions

You must get a permission from us to conduct activities that have a risk of harm to human health and the environment. These are called prescribed activities. They are defined in Schedule 1 of the Environment Protection Regulations 2021.

Our permissions include licences, permits and registrations.

Buying, selling or developing land may trigger the need to hold an EPA permission now or in the future. Signs to watch out for that may initiate the need for a permission:

The permissions you may need are:

Once you know the type of permission you need, you can apply for a permission and pay the applicable fee.

To see the permissions we've issued, visit our public register and select Permissioning decisions.

Contact the Permissions team at permissions@epa.vic.gov.au

Environment, water & energy

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