The Resource Management Amendment Act 2005 amended Sections 30 and 31 of the Act. Regional Councils are now required to identify and monitor contaminated sites, and keep records of relevant actions. Territorial authorities are responsible for preventing or mitigating any adverse effects of use, development or subdivision of contaminated sites.
The amendments have still not resolved uncertainty about the liability for sites contaminated prior to introduction of the RMA in 1991. A proposed National Environmental Standard for the cleanup of contaminated land will define acceptable levels for a range of soil contaminants. This will improve certainty for all parties involved in the management of such sites.
|Relevant Case Law|