News & Insights

In the third installment of a five part “Did you know” series, we point out some tips that may help you avoid some legal hurdles that may be associated with maintaining or developing contaminated land.

• Under the Environmental Protection Act 1994, you are under an obligation to notify the regulator if your land has ever been used for a notifiable activity;
• Notifiable activities are listed in Schedule 3 and include a broad range of industrial and agricultural activities such as:
  • Abrasive blasting;
  • Operating premises used for aerial spraying;
  • Chemical storage;
  • Landfill (you may be surprised at how many places accepted industrial waste);
  • Petroleum or oil storage in underground and above ground tanks (certain capacities apply);
  • Service stations (irrespective of size); and
  • Scrap yards.
• It is imperative that due diligence about past uses and activities be carried out. Such investigations should include a review of historical aerial photographs.  For “higher risk” sites (where some previous activity is known or suspected), an on-site inspection is prudent.
• The risk of breaching the Environmental Protection Act regarding contaminated land notification includes an array of possible litigation in circumstances where an incoming purchaser of land wants to withdraw from a contract or the regulator issues you with a clean-up notice and you challenge it.
• Merely searching the environmental management register or contaminated land register may not be sufficient to safeguard your interests.

Please contact Cathy Russo to discuss any concerns you have about the vegetation on your property being protected.