Introduction

In New South Wales, developers must understand their legal obligations under the Contaminated Land Management Act 1997 and associated EPA guidelines. Environmental reporting isn’t just best practice – in many scenarios, it’s mandatory.

This article answers five commonly asked questions about environmental reporting triggers for developers in NSW.

What Are Environmental Reporting Triggers?

An environmental reporting trigger is an event or condition that requires developers to notify the NSW Environment Protection Authority (EPA) or local council about potential contamination or environmental harm. These triggers are usually identified during environmental investigations such as Preliminary Site Investigations (PSI), Detailed Site Investigations (DSI), or during earthworks and construction.

Reporting ensures that land contamination is properly managed, risks are mitigated, and developments remain compliant with environmental laws.

When Must Developers Report Contamination?

Reporting becomes mandatory when contamination meets the “significantly contaminated land” threshold, as defined by the EPA. Common mandatory triggers include:

• Discovery of friable or extensive bonded asbestos during site preparation
• Detection of elevated contaminant levels in soil, vapour, or groundwater exceeding EPA thresholds
• Historical land use evidence of hazardous materials without previous remediation
• Free-phase hydrocarbons or volatile organic compounds migrating off-site
• Unexpected finds such as buried waste, chemicals, or tanks during excavation

Failure to report these can result in legal penalties, project delays, or orders to cease works.

Does Groundwater Contamination Require Immediate Reporting?

Yes. Groundwater contamination is one of the most serious reporting triggers in NSW. If a site investigation reveals:

• Contaminant plumes migrating through groundwater
• Petroleum hydrocarbons or solvents in monitoring wells
• Impacts to nearby water bodies or bores

…the developer or landowner is obligated to notify the EPA. In many cases, groundwater contamination requires a more complex remediation and monitoring plan, which may delay development approvals if not managed early.

For more information on Groundwater Contamination, visit our dedicated page here.

Are You Required to Report Asbestos Findings?

Yes – if the asbestos discovery meets specific thresholds:

• Any friable asbestos found in soil or buildings during demolition must be reported
• Non-friable asbestos (e.g. bonded sheeting) is reportable if it poses a risk of exposure or is found in large volumes
• Asbestos-contaminated fill is a common issue and may trigger reporting depending on quantity, location, and risk of exposure

EPA guidelines require a licensed environmental consultant to assess the risk and guide the reporting process. Asbestos management must be clearly outlined in Remediation Action Plans (RAPs).

For detailed information regarding Asbestos in Soil, read more here.

Who Is Responsible for Reporting – the Developer or Consultant?

Under NSW law, the responsibility lies with the landowner or polluter, which in most cases is the developer. However, environmental consultants play a key role in:

• Identifying reportable conditions through site investigations
• Preparing the notification documentation for submission to the EPA
• Advising on risk classification and remediation options

While consultants facilitate the process, developers must ensure that all reporting obligations are met to avoid liability.

Stay Ahead of Compliance Obligations

Knowing when and how to report environmental risks can mean the difference between project momentum and a full regulatory stop. At Nova Group Pacific, we help developers in NSW navigate contamination reporting with confidence, ensuring all findings are assessed, documented, and submitted correctly.

Speak to our team about your site investigation or asbestos management needs.