Does the Contaminated Land Management Act 1997 (CLM) replace the Unhealthy Building Land Act 1990 (UBL)?
No, the CLM Act does not replace the UBL Act. The UBL Act was originally drafted with flood-prone and low-lying land issues in mind, and was repealed on 28 April 2003 by the Statute Law (Miscellaneous Provisions) Act (No 2) 2002. The UBL Act prohibited building on unhealthy building land (ie certain land identified as low-lying or flood-prone, or potentially contaminated) and provided for the issuing of certificates as to whether land has been declared to be unhealthy building land. Prior to its repeal, the UBL Act was rarely used as development is now effectively regulated under other environmental and planning legislation. As part of the transition the EPA has developed an unhealthy building land policy for councils to use. Planning certificates issued under s 149 of the Environmental Planning and Assessment Act 1979 will note whether the policy applies to the relevant land. For more information, see Unhealthy Building Land Act.
