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Home / Bay of Plenty Times / Business

Be informed on soil contamination

By David Porter
Bay of Plenty Times·
20 Jul, 2015 06:30 AM4 mins to read

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Property Council chairman Andrew Collins. Photo/Andrew Warner

Property Council chairman Andrew Collins. Photo/Andrew Warner

The NZ Property Council's Bay of Plenty branch is alerting developers and land-users in the region to the significant obligations imposed on councils as a result of environmental legislation over potentially contaminated soil.

Although the National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health (NES) came into effect at the beginning of 2012, the impact has only begun to be felt over the past year, said Property Council BOP president Andrew Collins, who is general manager for planning with consultants Harrison Grierson.

"The implications for people doing subdivisions have only really started to be felt over the last year and they're increasing," he said.

The BOP branch ran a seminar on the NES late last year in Tauranga, which drew around 50 people, and will be holding a follow-up seminar in Rotorua early next month.

"It's a national issue and it affects land you wouldn't normally think of as being contaminated," said Mr Collins.

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That included areas that were of relevance to the region, such as any horticultural and agricultural land that may have been exposed to chemicals in the past, including from spraying, as well as industrial and commercial land.

The Property Council says that as the economy picked up, the high numbers of properties potentially affected by the NES was becoming clear. The impact could be felt by property investors, as well as landowners thinking of subdividing or wanting to develop both residential and industrial land.

Mr Collins said there were number of things land owners and developers needed to be aware of to successfully navigate through the new requirements. Glen Nicholson, senior environmental scientist with Tonkin and Taylor and Nick Swallow, a solicitor with Holland Beckett Lawyers, who were the keynote speakers in Tauranga will also present to the Rotorua seminar.

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They will explain how land-users could be affected by the new requirements and what happens if there is a problem, with reference to local case studies and current legal issues.

The Ministry for the Environment says the new standard was needed because the past use of chemicals (hazardous substances) in industry, agriculture and horticulture had left a legacy of soil contamination in New Zealand.

The implications for people doing subdivisions have only really started to be felt over the last year and they're increasing.

Andrew Collins

This contamination is mainly caused by past practices including storage and use of hazardous substances, and disposal of hazardous wastes, the MfE says. Prior to the change in legislation, controls applied by councils to manage contaminated soils were not consistent across the country. All councils now have to follow the same planning and decision-making framework. "There is an argument this is a further cost on development," said Mr Collins. "But if you were to subdivide an area that was then to be used for residential use, or perhaps a childcare facility, then obviously that would be an unacceptable risk. Land-users need to be aware that these are the kinds of checks they will have to carry out."

Mr Nicholson said that generally, in the BOP/Waikato area, the new standard had an impact on old horticultural and agricultural land, which had a land use change to residential or rural residential. There were also issues around earthworks being carried out on old commercial and industrial land where fill need to be taken off.

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"Councils don't have any option but to do the risk assessment and follow the legislation," he said. "There is of course an element of cost and time involved, but depending on the site and what the end use is, there are lots of methods of remediating, from taking the material off site to maintaining it on site and managing it," he said.

The National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health:
Provides a nationally consistent set of planning controls and soil contaminant values.
Ensures that land affected by contaminants in soil is appropriately identified and assessed before it is developed - and if necessary the land is remediated to make the land safe for human use.
All district and city councils are required to give effect to and enforce the requirements of the new standard.

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