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Table 1: Key elements of a New Zealand contaminated land framework, opportunities for change, and their priority

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Element

What is already in place?

Achieved

Opportunities for change

Priority

A legislative framework that has definitions, planning controls, a liabilityregime and defines roles and responsibilities for agencies

RMA, Health Act, HSNO Act, Food Act, Building Act, OSH

No liability regime for pre-1991 sites

Partial

Produce guidance on how agencies establish and agree on working relationships

Investigate options for addressing liability barriers

Medium

Measures to prevent contamination of land

RMA and HSNO Act controls; agrichemical collections

Yes

No change identified

In place now

Mechanisms to help identify, recordinvestigate, manage, remediate and report on contaminated land

RMA

Industry guidelines, Ministry for the Environment CLMG series Nos. 1–5

Partial

Consider new guidance; review and revise existing guidance

Investigate establishing a scheme of accredited auditors

Investigate training for practitioners

Low – not a priority

WasteTRACK

Require tracking of contaminated soil and waste using WasteTRACK

Medium

Contaminated Sites Remediation Fund (CSRF)

RMA definition of contaminated land

Increase size of or modify CSRF

Provide added certainty with a NES

High

Protection of humanhealth from the effects of contaminated land

RMA, Health Act, Food Act, OSH, Building Act

MfE CLMG Nos. 2 and 3,industry and MOH guidelines; OSH guidelines

Partial

Produce nationally consistent methods for deriving health-based soil contaminant levels

Produce a NES that defines management actions

High

Protection of the environment from the effects of contaminated land

RMA

Oil industry guidelines; MfE CLMG No. 2; Sheep-dip guidelines; ANZECC guidelines

Partial

Produce nationally consistent methods for deriving ecologically based soil contaminant levels

Produce a NES that defines management actions

Low – not a priority

Access to information

LGOIMA, Building Act, MfE CLMG No. 4 (draft); New Zealand Waste Strategy targets

Partial

Produce guidance on management of contaminated land information

Establish a collection of national information on contaminated land

Medium

Notes: CLMG = Contaminated Land Management Guidelines; CSRF = Contaminated Sites Remediation Fund; OSH = Occupational Safety and Health; LGOIMA = Local Government Official Information and Meetings Act; RMA = Resource Management Act 1991; NES = national environmental standard; HSNO = Hazardous Substances & New Organisms; MfE = Ministry for the Environment; MOH = Ministry of Health.