The obligation
Section 6 establishes who is 'responsible' for contamination; liability cannot be contracted out and causation irrelevance applies.
Section 6 defines who is responsible for contamination of land, including persons who caused or contributed to contamination. A responsible person cannot contract out of liability. In determining responsibility, it is irrelevant that the person did not intend to contaminate or that others also contributed. This has direct implications for property transactions, industrial operators, and developers.
- What
- Section 6 establishes who is 'responsible' for contamination; liability cannot be contracted out and causation irrelevance applies.
- Source
- legislation.nsw.gov.au
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contaminated land
liability
responsible person
NSW
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Frequently asked questions
Which WHS law does this come from?
Responsibility for Contamination of Land is a WHS requirement set out in Contaminated Land Management Act 1997 (NSW). The relevant provision is Contaminated Land Management Act 1997 > Part 1 – Preliminary § s 6.
What does this WHS obligation require?
Responsibility for Contamination of Land is a WHS obligation under Contaminated Land Management Act 1997 (NSW). In short, Section 6 establishes who is 'responsible' for contamination; liability cannot be contracted out and causation irrelevance applies.
What changed recently?
Responsibility for Contamination of Land was last updated on 13 August 2026.
