The HAIL Register is an up to date inventory of properties where land use activities that may result in land contamination have occurred. By identifying sites where hazardous substances have been used, stored or disposed of, Council can ensure that land users make sure that the sites do not present a danger to workers, the community or the environment when they develop or use the site.
The HAIL Register allows Council to ensure that sensitive developments such as residential housing and schools are not built on contaminated sites.
The HAIL Register contains:
The HAIL Register is operated according to Ministry for the Environment guidelines.
The information held on the HAIL Register for a particular property is included in any Land Information Memorandum or Property Information Memorandum obtained for the property. Enquiries about a specific site can also be made directly to Council’s Duty Planner or Resource Scientist – Contaminants.
A particular site gets on the HAIL Register when Council records or other public records show that the site has a past or present history of land use activity that is on the Ministry for the Environment’s Hazardous Activity or Industry List. This is a list of 53 land uses that involve the use, storage or disposal of significant quantities of hazardous substances.
Sites on the Site Contamination Register are then assigned to one of eight categories.
The register is updated as information comes to hand. Please forward any information about potential contaminated sites or changes to existing sites to Council’s Resource Scientist – Contaminants. Information can always be passed to the Council on a confidential basis if desired.
Categories for the HAIL register are defined by the Ministry for the Environment. The table below explains the categories used in the Tasman HAIL register.
|Unverified Hazardous Activity or Industry||
A site for which past or present use has been reported as one that appears on the Hazardous Activities and Industries List, but the reported use has not been confirmed.
|V||Verified Hazardous Activity or Industry - not sampled||
A site with the potential for contamination, due to a confirmed past or present activity on the Hazardous Activities and Industries List, but the site has not been sampled.
|1 (a)||Contaminated Land||
A site which has been sampled in accordance with best practice, demonstrating that the hazardous substances present pose significant risks to people, and/or the likelihood of significant adverse effects on environmental receptors.
|1 (b)||Managed for (identified) land use||
A site which has been sampled in accordance with best practice, demonstrating that there were hazardous substances present at the site. However, risks to people and/or specific environmental receptors were regarded by Council as being managed at the report date.
|1 (c)||Verified Hazardous Activity or Industry – limited sampling, risk not quantified.||A site which is a verified hazardous activities and/or industry and has been sampled, but not in sufficient detail to quantify risks to people and/or the environment from the hazardous substances present.|
|2 (a)||Remediated for current land use||
A site that has been remediated. Validation sampling in accordance with best practice shows that the concentrations of hazardous substances are acceptably low and do not present risks to people and the environment.
|2 (b)||Sampled and suitable for current land use||
A site which has been sampled in accordance with best practice, demonstrating that the hazardous substances are acceptably low and do not present risks to people and the environment.
|E||Not a HAIL||
Information shows that either this site has never been associated with any of the specific activities or industries on the Hazardous Activities and Industries List, or the hazardous substances present are at, or below, background concentrations.
The classification of a site is based on information from Council records. The amount and type of information available varies from site to site. If additional information that shows the site was not used for the storage, use or disposal of hazardous substances, is or becomes available and can be verified, the details held on the HAIL Register can be amended.
Alternatively where a site has been competently investigated and, where appropriate, remediated its classification on the HAIL Register can be revised. Guidelines on assessing contaminated sites are available.
A property listed on the HAIL Register does not necessarily require specific investigation of the site. Site investigations are only required where:
You will be advised by the Council if an investigation is necessary.
When a land use change or subdivision is contemplated for potentially hazardous land it is important to consider the proposed future use of the land and how it might be affected by the presence of contaminants. Changes from other land use to residential use are of particular importance because of the greater potential to impact human health. This page provides brief information to assist landowners.
Since January 2012 new provisions regulating particular land use activities and subdivision on land identified as being hazardous or potentially hazardous (known as Hazardous Activity and Industry List or HAIL sites) has come into effect.
The Ministry for the Environment's National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health sets specific standards and processes for land use and subdivision.
In the Tasman District historic orcharding and former sheep dips are land uses that are most likely to have contaminated the soil with persistent pesticide residues exceeding residential soil guidelines. Soil testing is likely to be required before such land is suitable for residential use.
If contaminant residues exceed relevant residential or other soil criteria then remediation measures may also be necessary. The nature of such remediation and the associated costs will vary depending on the level and distribution of the contaminant residues, the size and layout of the site, and the remedy (or remedies) chosen.
Possible remedies include 'cap and contain', excavation of contaminated soils, or vertical blending by deep ploughing of contaminated soils with clean soils where practical.
While the protection of human health is an important consideration, other land uses may have particular requirements and industry standards such as organic agriculture and horticulture. The Council does not provide advice on the suitability, or otherwise, of contaminated land and horticultural land use.
Funding from Central Government to remediate (clean up or contain) HAIL sites may be available.
Council can provide advice and assistance for people seeking such funding.
There are several things you should consider if you are about to purchase a property on a HAIL site. Independent advice is also recommended.
The land owner is responsible and liable for the cleaning up of a contaminated site, even if it was contaminated prior to purchase. Consequently the buyer should undertake appropriate due diligence as part of the purchase process.
A Land Information Memorandum (LIM) contains all the relevant information held about a property by Council. This includes the likely presence of hazardous contaminants which will be reported in context and include any reports.
While the land may be suitable for some uses (such as industrial/commercial or agriculture) it may not be suitable for other uses (such as residential or organic farming) without some form of remediation (cleaning up).
Prospective land owners should:
The Council's Resource Scientist - Contaminants can provide additional information upon request. You may also wish to seek additional independent advice from an suitably qualified and experienced professional consultant.
When pesticide residues are present in the soil, but are below the relevant soil guideline values, several actions can be taken to minimise the chance of contact with contaminant residues.