State Planning Commission Practice Direction 14 (Site Contamination Assessment) 2021 PDF

PRACTICE DIRECTION 14 Site Contamination Assessment 2021 This practice direction is issued by the State Planning Commission under sections 42 and 127 of the Planning, Development and Infrastructure Act 2016. Introduction Section 42 of the Planning, Development and Infrastructur...

PRACTICE DIRECTION 14 Site Contamination Assessment 2021 This practice direction is issued by the State Planning Commission under sections 42 and 127 of the Planning, Development and Infrastructure Act 2016. Introduction Section 42 of the Planning, Development and Infrastructure Act 2016 allows the State Planning Commission (the “Commission”) to issue practice directions for the purposes of the Act. Generally, practice directions specify procedural requirements or steps in connection with a matter arising under the Act. In certain cases, the Act provides that a particular matter may be addressed or dealt with by a practice direction. Section 4 of the Act sets out rules that relate to a change in the use of land, which is a form of development under the Act. This practice direction is part of a scheme that provides for requirements that apply in relation to the assessment of potential site contamination when land use changes to a more sensitive use or where a land division proposes a sensitive use. Because site contamination is linked to land use, bringing about a change in land use can cause site contamination (under section 103D(2) of the Environment Protection Act 1993 and regulation 51 of the Environment Protection Regulations 2009) even though the person who brought about the change of use may not be the original polluter. In particular, this practice direction sets out some forms and related requirements that will support various requirements under the Planning, Development and Infrastructure (General) Regulations 2017 when a relevant authority is considering an application for planning consent where the application proposes a change in land use to a more sensitive use or, in the case of land division, the application proposes a sensitive use. This practice direction also provides specified conditions (pursuant to section 127(1)(b) of the Act) for development authorisations where remediation may be necessary before occupation or use of land the subject of the application. This instrument is certified pursuant to section 52(1) of the Planning, Development and Infrastructure Act 2016  Practice direction Part 1 – Preliminary 1 – Citation This practice direction may be cited as the State Planning Commission Practice Direction 14 (Site Contamination Assessment). 2 – Commencement of operation This practice direction came into operation on 19 March 2021. Version 4 of this practice direction will come into operation on the day on which it is published on the SA Planning Portal. 3 – Objects of practice direction The objects of this practice direction are: (a) to support site contamination assessment steps that must be taken when land use is proposed to be changed to a more sensitive use or, with respect to land division, where a sensitive use is proposed and there is reason to believe that site contamination exists or may exist because of various activities or conditions; and (b) to set out forms and other requirements that are contemplated by provisions of the Planning, Development and Infrastructure (General) Regulations 2017 that relate to assessment and remediation of site contamination in connection with applications for planning consent; and (c) to specify conditions that will apply in connection with a planning consent for land that may be subject to site contamination; and (d) to provide guidance and other information associated with the assessment and remediation of site contamination. 4 – Interpretation In this practice direction, unless the contrary intention appears— Act means the Planning, Development and Infrastructure Act 2016; EPA means the Environment Protection Authority; exposure in relation to site contamination means an exposure pathway that a chemical substance takes from its source to reach a human population, such as incidental ingestion of surface soil or indoor dust, indoor and outdoor inhalation of dust, or consumption of home grown produce; class 1 activity means a class 1 activity specified in Schedule 1 undertaken in the course of a business; class 2 activity means a class 2 activity specified in Schedule 1 undertaken in the course of a business; This instrument is certified pursuant to section 52(1) of the Planning, Development and Infrastructure Act 2016 2  class 3 activity means a class 3 activity specified in Schedule 1 undertaken in the course of a business, other than an activity that is also a class 1 or class 2 activity; constrained site means a site where access to the site, including access to soil, water or another material on or below the surface of the site, which is necessary to carry out relevant site investigations under the Act, the relevant regulations or this practice direction, is not reasonably practicable. Note: For the purposes of the definition of “constrained site”, circumstances in which it may not be reasonably practicable to carry out a relevant site investigation may include: a) site access necessary for the investigation has been prohibited by a tenant of the site acting in accordance with the valid lease, licence or other right of occupancy; or b) significant destruction of the flooring or footings of a building on the site would be required. human population in relation to site contamination means a human receptor (for example a child resident or adult employee); more sensitive use in relation to land—see clause 5; National Environment Protection (Assessment of Site Contamination) Measure 1999 means the National Environment Protection (Assessment of Site Contamination) Measure 1999 (prepared under the National Environment Protection Council Act 1994 of the Commonwealth), as in force from time to time; notification of site contamination of underground water means a notification made under section 83A of the Environment Protection Act 1993 as shown on the South Australian Property and Planning Atlas; Note—The online atlas and search facility established under section 50 of the Act (known as the South Australian Property and Planning Atlas (SAPPA) shows sites that are subject to notification of site contamination of underground water and Groundwater Prohibition Areas under ‘Layers’ then navigate to ‘Planning and Building’ > ‘Planning Reference’. potentially contaminating activity means a class 1 activity, class 2 activity or class 3 activity; relevant regulations means those parts of the Planning, Development and Infrastructure (General) Regulations 2017 that are concerned with site contamination or potential site contamination; remediation has the same meaning as in the Environment Protection Act 1993; sensitive use is a use described in item 1 or 2 of the land use sensitivity hierarchy table in clause 5, subject to clause 6; Note—Sections 6 and 12 of the Legislation Interpretation Act 2021 provides that an expression used in an instrument made under an Act has, unless the contrary intention appears, the same meaning as in the Act (as in force from time to time). This instrument is certified pursuant to section 52(1) of the Planning, Development and Infrastructure Act 2016 3  Part 2 – Land use sensitivity 5 – Land use sensitivity (1) Subject to this clause, for the purposes of determining whether a change in land use is to a more sensitive use for the purposes of the relevant regulations and the Planning and Design Code, the relevant authority must have regard to the land uses specified in the land use sensitivity hierarchy in Table 1. (2) In the event that the proposed or existing land use is not specified in Table 1, the relevant authority must have regard to: (a) the sensitivity of the human populations proposed to be using the land following the change in use; and (b) the potential for exposure of those populations to chemicals from site contamination following the change of use. (3) In the event of inconsistency, the level of sensitivity of a land use in Table 1 prevails. (4) Table 1 sets out the level of sensitivity in classes of land use that are represented in items 1 to 7 decreasing on a scale from the most sensitive uses specified in item 1 to the least sensitive uses specified in item 7. TABLE 1: Land Use Sensitivity Hierarchy Item Land use Description and examples 1 Residential class 1 Domestic residential Educational premises class 1 Pre-school or primary school premises 2 Residential class 2 Commercial aged care or other residential care facility 3 Open space/recreation area Parks, playgrounds, playing ovals and other recreational areas in the open 4 Educational premises class 2 Secondary school premises, university or other tertiary educational premises Hospitals Hospitals and hospices where persons with vulnerable physiology typically reside Tourist Accommodation Hotels, motels and other forms of tourist accommodation Community centre Land used for social, recreational or educational purposes for local community, but not including school premises or university or other tertiary educational premises or indoor recreation centres 5 Commercial class 1 Shops, offices, consulting rooms and the like This instrument is certified pursuant to section 52(1) of the Planning, Development and Infrastructure Act 2016 4  Item Land use Description and examples 6 Primary production Farming, horticulture and intensive animal husbandry Commercial class 2 Petrol stations, dry cleaners warehouses and other commercial uses (other than Commercial class 1) 7 Industrial Light, service, general or special industry (5) The following qualifications apply in relation to Table 1: (a) the land use sensitivity classification for a mixed or multi-use proposal will be taken to be that of the most sensitive use of the uses to which the proposed development relates; (b) if the land use changes from a use represented in an item in Table 1 to another use represented within the same item (for example from tourist accommodation to a hospital: both uses falling within item 4), the change of use will not be taken to constitute a change to a more sensitive use; (c) if the proposed or previous land use is not represented in the land use sensitivity hierarchy, the use closest in nature to the use specified in the hierarchy should be considered; (d) in circumstances where there is no current land use, the proposed use will be taken to be a more sensitive use, other than where: (i) the immediate previous use was for a residential purpose; or (ii) the relevant allotment was lawfully created for a residential purpose and has not been used for any other purpose since that time; or (iii) the proposed use is industrial. (e) if the proposed change in use is within an existing and/or approved building, the proposed use is to not to be regarded as a more sensitive use other than where: (i) the existing use falls within Item 6 or 7 of Table 1; and (ii) the proposed use includes a sensitive use at a building level that is at or below ground level. (f) if the proposed change in use is the commencement of an additional use, where the existing use is represented in item 6 of Table 1 and is a “farming” use only (and that use is continuing), and the proposed use is represented in item 1 of Table 1 and is a “domestic residential” use only, the proposed use is not to be regarded as a more sensitive use where the proposed use involves the construction of a building on the land to be used for residential purposes; (g) unless stated to the contrary, a land use set out in Table 1, or determined in accordance with this clause, will be taken to include a use which is ancillary and subordinate to that use. This instrument is certified pursuant to section 52(1) of the Planning, Development and Infrastructure Act 2016 5  6 – Definition of sensitive use For the purpose of the definition of sensitive use in the relevant regulations, and clause 2A(1)(b) of Schedule 8 of those regulations, a use will not be regarded as a sensitive use in the case of land division if the allotment has already been lawfully created for a residential purpose and has not been used for any other purpose since that time. Part 3 – Class 1, 2 and 3 activities 7 – Classification of activities Class 1, 2 and 3 activities are defined in Schedule 1. Note—In the tables in Schedule 1, unless the contrary intention appears, the term ‘listed substance’ has the same meaning as in the Environment Protection Regulations 2009; and the terms ‘resource recovery’, ‘waste’ and ‘treatment’ have the same meaning as in the Environment Protection Act 1993. Part 4 – Forms 8 – Site contamination declaration form (1) A site contamination declaration form under the relevant regulations must be in the form set out in Schedule 2. (2) If an application for planning consent envisages the undertaking of development in stages (in accordance with section 119 (12) of the Act), a site contamination declaration form can be provided for separate stages. 9 – Preliminary site investigation report (1) A preliminary site investigation report under the relevant regulations must have been prepared in relation to the land within the previous 5 years and be sufficient to: (a) identify potential onsite and offsite sources of contamination (known as potentially contaminating activities); and (b) determine potential chemical substances of concern; and (c) identify areas of potential contamination; and (d) identify potentially affected media (being soil, water and vapour). (2) A preliminary site investigation report usually also includes: (a) a desktop study to identify site characteristics - site location, site layout, building construction, geological and the hydro-geological setting; and (b) a site history - identifying historical owners/operators/occupiers, land uses and activities; and (c) a site inspection - to validate anecdotal evidence or historical information and to identify additional evidence of potential site contamination; and (d) interviews with site owners, operators and/or occupiers. (3) A preliminary site investigation report must be sufficient to provide an assessment of whether site contamination exists, may exist or is unlikely to exist. This instrument is certified pursuant to section 52(1) of the Planning, Development and Infrastructure Act 2016 6  10 – Statement of site suitability A statement of site suitability under the relevant regulations and this practice direction must be in the form set out in Schedule 3. Part 5 – Guidance associated with referral to EPA 11 – Guidance associated with referral to EPA (1) When a referral is triggered, the EPA should have regard to a range of factors in deciding the most appropriate person to determine site suitability (that is, a site contamination consultant or a site contamination auditor), including the following: (a) site specific information; and (b) the identified potentially contaminating activities; and (c) the nature of the proposed use or uses; and (d) the conceptual site model (which is critical to understanding the relationship between the source of contamination potential exposure and human populations) where relevant. (2) The overall purpose of the referral is to ensure that an appropriate and proportionate assessment of site contamination or potential site contamination occurs. (3) Under section 102(5) of the Act, a relevant authority may reserve any matter that is considered not fundamental to the application. For sites where there is a low likelihood of site contamination impacting on a proposed development involving a more sensitive land use, including where the proposed development is on a constrained site, the relevant authority may determine that the issue of site contamination is not fundamental and can be a reserved matter. In making such a decision the relevant authority may rely on a preliminary site investigation report provided by the applicant. Part 6 – Conditions 12 – Change of use where remediation is required after the issue of planning consent – section 127(1)(b) of Act If a relevant authority is satisfied that a site is suitable for its intended use subject to remediation being undertaken and the relevant authority issues a planning consent without the remediation work having been carried out, the consent must be subject to Condition A, B or C as relevant: Condition A: Where a certificate of occupancy is required A certificate of occupancy must not be granted in relation to a building on the relevant site until a statement of site suitability is issued certifying that the required remediation has been undertaken and the land is suitable for the proposed use. Condition B: Where a certificate of occupancy is not required A person must not occupy the building for the purpose authorised under the development approval [insert development application number] until a statement of site suitability is issued certifying that the required remediation has been undertaken and the land is suitable for the proposed use. This instrument is certified pursuant to section 52(1) of the Planning, Development and Infrastructure Act 2016 7  Condition C: Where the application does not involve building work A person must not use the relevant site for the purpose authorised under the development approval [insert development application number] until a statement of site suitability is issued certifying that the required remediation has been undertaken and the land is suitable for the proposed use. 13 – Land division where remediation is required after the issue of planning consent – section 127(1)(b) of Act If a relevant authority is satisfied in relation to proposed land division that a site is suitable for its intended use subject to remediation being undertaken and the relevant authority issues a planning consent without the remediation work having been carried out, the consent must be subject to the following condition: A land division certificate under section 138 of the Planning, Development and Infrastructure Act 2016 must not be issued until a statement of site suitability is issued certifying that the required remediation has been undertaken and the land is suitable for the proposed use. Part 7 – Related matters 14 – Guidance associated with level of investigation (1) A site contamination declaration form and a preliminary site investigation report should be sufficient to provide an assessment of whether site contamination exists, may exist or is unlikely to exist. (2) No further assessment of site contamination is required for the purposes of planning consent if: (a) the site contamination declaration form indicates that site contamination is unlikely to exist and the land is not located in a groundwater prohibition area and the land is not subject to a notation under section 103P of the Environment Protection Act 1993; or (b) a site contamination audit report has been prepared in relation to the land within the previous 5 years which states that: (i) site contamination does not exist (or no longer exists) at the land; or (ii) the land is suitable for the proposed use or uses (without the need for any further remediation); or (iii) where remediation is, or remains, necessary for the proposed use (or range of uses), remediation work has been undertaken or will be undertaken, and the applicant has provided a written undertaking that the remediation works will be undertaken in association with the development; and (c) no other class 1 activity or class 2 activity has taken place at the land since the preparation of the site contamination audit report (as declared in the site contamination declaration form); and (d) the application is accompanied by a copy of the site contamination audit report. This instrument is certified pursuant to section 52(1) of the Planning, Development and Infrastructure Act 2016 8  State Planning Commission Practice Direction 14 (Site Contamination Assessment) issued by the Commission on 13 April 2023 is revoked. Varied by the State Planning Commission on 9 October 2023 Versions Version 4: Commenced operation on 20 October 2023 Version 3: Commenced operation on 13 April 2023 Version 2: Commenced operation on 23 June 2022 Version 1: Commenced operation on 19 March 2021 This instrument is certified pursuant to section 52(1) of the Planning, Development and Infrastructure Act 2016 9  Schedule 1 – Class 1, 2 and 3 activities Class 1 activities The activities specified in column 1 of the following table (as described in column 2), undertaken in the course of a business, constitute class 1 activities: Activity Description Asbestos disposal Disposal of asbestos or asbestos products Defence works Operation of military defence establishments (including training areas) Drum reconditioning or recycling Operation of works for reconditioning or other treatment of metal or works plastic drums Dry cleaning Operation of premises for dry cleaning Electrical or electronics component Manufacture of electrical or electronics components manufacture Explosives or pyrotechnics facilities Operation of facilities for manufacture of explosives or pyrotechnics Fertiliser manufacture Manufacture of agricultural fertiliser Fire extinguisher or retardant Manufacture of fire extinguishers or fire retardants manufacture Fire stations Underground storage of fuel at fire stations Foundry Manufacture of metal products by injecting or pouring molten metal into moulds Gasworks Operation of gasworks or gas holders Iron or steel works Operation of works for manufacture of iron or steel Landfill sites Operation of sites for disposal of waste to land Listed substances—activities Manufacture, production (including as a by-product or waste) or involving listed substances resource recovery of a listed substance or product containing a listed substance Storage, at discrete business premises, of— (a) 500L or more of a liquid listed substance; or (b) 500kg or more of a listed substance other than a liquid. Metal coating, finishing or spray Finishing, treating or coating of metal (including anodising, painting galvanising, pickling, electroplating, heat treatment, powder coating, enamelling and spray painting) Metal processing, smelting, refining Operation of works for melting (by means of furnace) of ferrous or or metallurgical works non-ferrous metal or smelting or reduction of ores to produce metal Motor vehicle manufacture Manufacture of motor vehicles Oil recycling works Operation of works for recycling of oil Oil refineries Operation of works for refining of crude petroleum oil or shale Paint manufacture Manufacture (including blending, mixing and formulation) of paint Pest control works Operation of premises for storage of pesticides or filling or washing of tanks used in pest control operations This instrument is certified pursuant to section 52(1) of the Planning, Development and Infrastructure Act 2016 10  Activity Description Plastics manufacture works Operation of works for manufacture (including blending, mixing and formulation) of plastics or plastic components (excluding processing and moulding of plastics manufactured elsewhere) Printing works Operation of printing works Railway operations Railway operations within the meaning of Schedule 1 Part A clause 7(2)(a) of the Environment Protection Act 1993 Rubber manufacture or processing Manufacture or processing of rubber or rubber products Service stations Operation of retail fuel outlets Tannery, fellmongery or hide curing Operation of works for preservation or treatment of animal skins or hides Tyre manufacture or retreading Manufacture or retreading of tyres Waste depots Reception, storage or treatment (including recycling) of waste or other matter or disposal of waste to land or water Wood preservation works Operation of works involving treatment or preservation of timber using chemicals Class 2 activities The activities specified in column 1 of the following table (as described in column 2), undertaken in the course of a business, constitute class 2 activities: Activity Description Abrasive blasting Operation of works for abrasive blast cleaning or disposal of abrasive blasting material (including mobile abrasive blasting works and abrasive blast cleaning carried out in fully enclosed booths but excluding abrasive blast cleaning undertaken for residential purposes) Agricultural activities Any of the following activities undertaken in the course of agriculture: (a) burial of animals or parts of animals; (b) burial of waste or other matter; (c) irrigation using wastewater; (d) intensive application or administration of a listed substance to animals, plants, land or water (excluding routine spraying, in accordance with manufacturers' instructions, of pesticides used in broad-acre farming) Airports, aerodromes or aerospace Operation of premises for commercial or charter aircraft take-off industry and landing or manufacture, repair or maintenance of commercial or charter aircraft or aircraft equipment Animal dips or spray race facilities Operation of animal dips or spray race facilities Asphalt or bitumen works Operation of works for manufacture of asphalt or bitumen Battery manufacture, resource Assembly, disassembly, manufacture or resource recovery of recovery or disposal batteries (excluding storage of batteries for sale) Breweries Production of beer by infusion, boiling or fermentation This instrument is certified pursuant to section 52(1) of the Planning, Development and Infrastructure Act 2016 11  Activity Description Bulk shipping facilities Operation of facilities for bulk handling of agricultural crop products, rock, ores, minerals or liquid organic chemical substances to or from wharf or wharfside facility (including sea-port grain terminals) Cement works Operation of works for production of cement clinker or grinding of cement clinker using argillaceous and calcareous materials Ceramic works Operation of works for manufacture of tiles, pipes, pottery goods, refractories or other ceramic products Coke works Production, quenching, cutting, crushing or grading of coke Compost or mulch production or Production or storage of compost, mulch or garden soils storage Dredge spoil disposal or storage Disposal of dredge spoil onto land or storage of dredge spoil Electrical substations Operation of electrical substations Electrical transformer or capacitor Operation of works for manufacture, repair, storage or disposal of works electrical transformers, capacitors or associated equipment or fluids Fibreglass manufacture Manufacture of fibreglass products Fire training areas Operation of premises for fire training involving the use of liquid fuel, fire accelerants, aqueous film forming foam or similar substances Fuel burning facilities Burning of solid or liquid fuel (including for generation of power or steam at rate of heat release exceeding 1MW) Furniture restoration Restoration of furniture Glass works Operation of works for manufacture of glass products Hat manufacture or felt processing Manufacture of hats or processing of felt Incineration Incineration within the meaning of Schedule 1 Part A clause 3(1) of the Environment Protection Act 1993 Laboratories Operation of laboratories Metal forging Forging of metal products Mineral processing, metallurgical Chemical or physical extraction or processing of metalliferous ores, laboratories or mining or extractive storage of mining or exploration waste (for example, in tailings industries dams, overburden or waste rock dumps) mining or processing of minerals or operation of laboratories or pilot facilities for processing or testing of minerals Mirror manufacture Manufacture of mirrors Motor vehicle racing or testing Operation of facilities designed and used for motor vehicle venues competitions or motor vehicle speed or performance trials Motor vehicle repair or maintenance Operation of premises for repair or maintenance of motor vehicles or parts of motor vehicles (including engine reconditioning works) Motor vehicle wrecking yards Operation of yards for wrecking or dismantling of motor vehicles or parts of motor vehicles Pulp or paper works Operation of works for manufacture of timber pulp or paper This instrument is certified pursuant to section 52(1) of the Planning, Development and Infrastructure Act 2016 12  Activity Description Railway operations Railway operations within the meaning of Schedule 1 Part A clause 7(2)(b) and (c) of the Environment Protection Act 1993. Scrap metal recovery Recovery (including cleaning) of scrap metal Ship breaking Wrecking or dismantling of ships Spray painting Spray painting other than spray painting of metal Textile operations Manufacture or dyeing of fabrics or materials Transport depots or loading sites Operation of transport depots or loading sites Vessel construction, repair or Operation of works or facilities (whether on water or land) for maintenance construction, repair or maintenance of vessels Wastewater storage, treatment or Storage (including in tanks, lagoons and ponds) or treatment of disposal wastewater or disposal of wastewater to land or water Water discharge to underground Direct discharge of water from surface of land to underground aquifer aquifer Wetlands or detention basins Operation of bodies of water less than 6 metres deep for collection and management of stormwater or other wastewater for urban amenity, flood mitigation or ecological or other environmental purposes Woolscouring or wool carbonising Operation of works involving cleaning or carbonising of wool other works than in course of handicraft business where wool is further processed for retail sale Works depots Operation of works depots by councils or utilities Class 3 activities The activities specified in column 1 of the following table (as described in column 2), undertaken in the course of a business, constitute class 3 activities: Activity Description Acid sulphate soil generation Oxidation of iron sulphide in potential acid sulphate soil material (sulphidic material) resulting in formation of actual acid sulphate soil material or sulphuric material Animal burial Burial of animals or parts of animals other than in the course of agriculture Animal feedlots Operation of confined yards or areas for holding of animals and feeding of animals principally by mechanical means or by hand Animal saleyards Operation of yards at which cattle, sheep or other animals are gathered and confined for the purpose of their sale, auction or exchange (including associated transport loading facilities and associated wastewater disposal) Brickworks Production of bricks (including glazing of bricks) Charcoal manufacture Manufacture of charcoal Coal handling or storage Handling of coal, coke or carbonaceous material by any means or storage of coal, coke or carbonaceous reject material This instrument is certified pursuant to section 52(1) of the Planning, Development and Infrastructure Act 2016 13  Activity Description Concrete batching works Operation of works for production of concrete or concrete products manufactured by inclusion of cement, sand, rock, aggregate or similar materials Curing or drying works Operation of works for smoking, drying or curing meat, fish or other edible products by application of heat or smoke Desalination plants Operation of desalination plants Glazing Glazing of ceramics or pottery Lime burner Manufacture (by means of kiln) of cement or lime from limestone (including associated storage of waste or other matter) Mushroom farming Farming of mushrooms Vermiculture Cultivation of earthworms for production of earthworms or earthworm castings Wineries or distilleries Operation of works for processing grapes or other produce to make wine or spirits This instrument is certified pursuant to section 52(1) of the Planning, Development and Infrastructure Act 2016 14  Schedule 2 — Site contamination declaration form Site contamination declaration form Council area: [insert name of council area] Regarding the land comprised in Certificate(s) of Title Register Book Volume [insert Register Book Volume and Folio number(s), Lot Number, Deposited Plan, Hundred and Locality or Suburb, also provide commonly known street address] (the subject land*) I [insert name of site contamination consultant], a site contamination consultant, certify the following details: Part 1—Investigations (a) I have relied on the following reports to complete this statement: [insert details of reports relied on]; (b) Investigations were conducted in accordance with the National Environment Protection (Assessment of Site Contamination) Measure 1999. (ASC NEPM) [if investigations were not conducted in strict accordance with the ASC NEPM state why not] Part 2—Site contamination unlikely to exist (for the purposes of planning consent)* (a) A potentially contaminating activity (as defined in the State Planning Commission Practice Direction 14 (Site Contamination Assessment)) is not known to have occurred on the subject land*; (b) A class 1 activity (see the State Planning Commission Practice Direction 14 (Site Contamination Assessment)) is not known to have occurred on adjacent land*. Part 3—Site contamination exists or may exist* (a) site contamination exists or may exist on or below the surface of the land* as a result of a class 1 activity (including where a class 1 activity exists or previously existed on adjacent land*), class 2 activity, class 3 activity (see the State Planning Commission Practice Direction 14 (Site Contamination Assessment)), or notification of site contamination of underground water (as shown on the South Australian Property and Planning Atlas) including where such a notification exists on adjacent land*; (b) the site contamination or potential site contamination originated or is likely to have originated— (i) on the subject land*— (A) as a result of the following activities carried on there [insert details of the class 1, class 2 or class 3 activity or activities or notification of site contamination of underground water]; (B) at the following location: [insert or attach a map showing the site(s) or possible site(s) of those activities]; or (ii) on adjacent land* (i.e. class 1 activity or notification of site contamination of underground water (as shown on the South Australian Property and Planning Atlas))*— (A) as a result of the following activities carried on there [insert details of the class 1 activity or activities]; (B) at the following location: [insert or attach a map showing the site(s) or possible site(s) of those class 1 activities]; and (C) the subject site is impacted by a notification of site contamination of underground water originating from adjacent land*: [insert or attach details of relevant investigations]. This instrument is certified pursuant to section 52(1) of the Planning, Development and Infrastructure Act 2016 15  Part 4—Observations* The subject land* is located on land within a [select any that apply]— groundwater prohibition area (as shown on the South Australian Property and Planning Atlas) subject of a notation under section 103P of the Environment Protection Act 1993 on the relevant title that a site contamination audit report has been prepared in respect of the land. Date [insert date] Signature of site contamination consultant [insert signature] Name of consultant's company or business [insert name of consultant's company or business] / [accreditation body and number] * Delete whichever is not applicable Note 1—Investigations found the existence of ‘fill or soil importation’ on-site (i.e. importation, to a premises of a business, of soil or other fill originating from a site at which another potentially contaminating activity has taken place pursuant Schedule 3 of the Environment Protection Regulations 2009). Fill or soil importation is not a potentially contaminating activity for the purposes of the State Planning Commission Practice Direction: (Site Contamination Assessment), but remains a potentially contaminating activity under the Environment Protection Regulations 2009. The EPA’s Industry Guideline on ‘Construction environmental management plans (CEMP)’ provides assistance on meeting the obligations of the Environment Protection Act 1993. Note 2—It is an offence to provide false or misleading information on this Form. Maximum penalty: $20 000 pursuant to section 217 of the Planning, Development and Infrastructure Act 2016. Note 3—The “subject land” is the land the subject of the subject development application. Note 4—“Adjacent land” is defined in section 3(1) of the Planning, Development and Infrastructure Act 2016 to mean “in relation to other land, means land that is no more than 60 metres from the other land”. This instrument is certified pursuant to section 52(1) of the Planning, Development and Infrastructure Act 2016 16  Schedule 3 — Statement of site suitability form Statement of site suitability form Development application number [insert number] Council area of [insert name of council area] Regarding the land comprised in Certificate(s) of Title Register Book Volume [insert Register Book Volume and Folio number(s), Lot Number, Deposited Plan, Hundred and Locality or Suburb, also provide commonly known street address] (the subject land) I [insert name of site contamination consultant / site contamination auditor], a site contamination consultant / site contamination auditor, certify the following details: Part 1—Investigations (a) I have relied on the following reports to complete this statement: [insert details of reports relied on, and attach relevant site contamination declaration form(s)]; (b) The investigations documented in the above reports were conducted in accordance with the National Environment Protection (Assessment of Site Contamination) Measure 1999 (ASC NEPM) [if investigations were not conducted in accordance with the ASC NEPM state why not]. Part 2—Remediation* (a) Remediation works have been undertaken in accordance with: [insert details of remediation plan(s) forming part of development application]. Part 3—Site suitability (a) I consider the site is suitable for the proposed land use(s): i. [insert proposed land use(s)] ii. … iii. … [subject to any specific remediation requirements which should be referenced in any attached report(s) etc.] I understand that I must clearly qualify any statement of my opinion as to the existence of site contamination at the site by specifying the land uses that were taken into account in forming that opinion (section 103ZA of the Environment Protection Act 1993). Date [insert date] Signature of site contamination consultant / site contamination auditor [insert signature] Name of consultant's company or business [insert name of consultant's or auditor’s company or business] / [accreditation body and number] * Delete whichever is not applicable Note—It is an offence to provide false or misleading information on this Form. Maximum penalty: $20 000 pursuant to section 217 of the Planning, Development and Infrastructure Act 2016. This instrument is certified pursuant to section 52(1) of the Planning, Development and Infrastructure Act 2016 17