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Apply for a compliance permit

A compliance permit is required when:

  • you want to change the use of land which is listed on the contaminated land register or the environmental management register; and
  • the land is not currently being used for a sensitive land use; and
  • the change is a material change of use, completely or partly for:
    • a sensitive land use; or
    • a commercial purpose involving an accessible underground facility, including, for example, a basement car park, workshop or office.

A sensitive land use is any of the following: caretakers accommodation; child care centre; community care centre; community residence; detention facility; dual occupancy; dwelling house; dwelling unit; educational establishment; health care services; hospital; hotel; multiple dwelling; non-resident workforce accommodation; relocatable home park; residential care facility; resort complex; retirement facility; rooming accommodation; rural workers accommodation; short-term accommodation; tourist park.

A Commercial purpose is a broad term which generally refers to the selling of goods or services.

How to apply

To obtain a compliance permit you need to engage a suitably qualified person to carry out the site assessment and prepare the contaminated land investigation document.

You must also engage an auditor to certify that the relevant contaminated land investigation documents prepared by the SQP meet the regulatory requirements and issue a compliance permit.

The auditor’s role is to consider whether the land is suitable for the proposed land use and whether the required outcomes have been met and if so, issue a compliance permit.

After you receive your permit

A compliance permit is issued based on the information provided to the auditor during the assessment process. Should the development proposal change it is your responsibility to notify the auditor to confirm whether the land remains suitable.

A compliance permit is not a development permit. You are responsible for obtaining any other approvals which may be required such as a development permit with your local government authority. Once you’ve obtained all required approvals, including a compliance permit, you can carry out the development.

Removing land entirely from the registers

If during the site assessment it is confirmed that the land is not contaminated and suitable for any use, with no ongoing notifiable activity being carried out on the land, you can seek to have the land removed from the EMR and CLR. You will no longer need a compliance permit if the land is not listed on the EMR or CLR.

Creative Commons Attribution 3.0 Australia (CC BY 3.0)
Last updated
4 July 2014
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