Contamination vs. Contaminated Land: Drawing the Line in the Soil
- Christian Atkinson
- Jul 29
- 2 min read
Updated: Aug 21
In Queensland’s environmental law, not all dirty soil is created equal. The Environmental Protection Act 1994 (EP Act) and Environmental Protection Regulation 2017 draw sharp distinctions between contamination, contaminated land, and even what qualifies as clean earth. Understanding these definitions is essential for landowners, developers, and environmental professionals.
Contamination: Anything That Can Harm
Under Section 10 of the EP Act, contamination is defined as the presence of a contaminant in the environment that has the potential to cause environmental harm. A contaminant (Section 11) can be:
A chemical substance
Waste
Noise
Heat
Radiation
Or any other matter that adversely affects environmental values
This broad definition means contamination can exist in soil, water, or air—even if it hasn’t yet caused harm.
Hazardous Contaminants: The High-Risk Subset
A hazardous contaminant is a specific type of contaminant that, if improperly managed, is likely to cause serious or material environmental harm. Examples include:
Heavy metals
Asbestos
Hydrocarbons
PFAS
These substances are central to determining whether land is legally considered contaminated.
Contaminated Land: When Contamination Crosses the Threshold
Land becomes contaminated land when it contains hazardous contaminants at levels that pose a risk to human health or the environment. The EP Act links this designation to two key harm thresholds:
Material Environmental Harm: Damage that is not trivial, requires remediation, or incurs costs over $10,991*.
Serious Environmental Harm: Harm that is irreversible, widespread, or affects areas of high conservation value, with costs exceeding $109,910*.
If contamination meets these thresholds, the land may be listed on the Environmental Management Register (EMR) or Contaminated Land Register (CLR), triggering investigation and remediation obligations.
Clean Earth: The Legal Opposite
The Environmental Protection Regulation 2019 defines clean earth as natural material like clay, gravel, sand, soil, and rock that is not contaminated with waste or hazardous contaminants. If soil contains concrete, bricks, or any waste—even in trace amounts—it no longer qualifies as clean earth.
This definition is crucial for waste classification, reuse, and levy exemptions.
Why It Matters
Contamination is about presence and potential.
Contaminated land is about actual risk and regulatory response.
Clean earth defines what’s safe and exempt from regulation.
Understanding these distinctions helps you stay compliant, manage risk, and make informed decisions about land use and remediation.
Christian Atkinson is a contaminated land auditor and a suitably qualified person for contaminated land assessment in Queensland with more than 30 years of experience. Any discussion is general and does not consider your specific circumstances. If you are considering acting on any matters discussed, you should seek advice from qualified and experienced professionals.
References
* General environmental duty | Environment, land and water | Queensland
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