CONDUCTING SEARCHES WHEN PURCHASING A RURAL PROPERTY

When purchasing a rural property, there are a number of standard searches that can be conducted over a property that we recommend, including:

·         Local Area Mining Search – this search is a free search and advises of any mining or gas exploration activity or permits (applied for or granted) that may affect the property.

·         Local Council Rural Lands Search – this search advises of any orders issued under the Rural Lands Protection Act or Land Protection Act (Pest & Stock Route Management) Act 2002.  It will advise of any stock routes and pests that may affect the area.

·         Department of Agriculture, Fisheries and Forestry Land Status Search - the results of this search will include any chemical residue on the property, tick control and any quarantine issues that may affect the land at the present time or may have affected the land in the past. 

·         Department of Natural Resources and Mines Soil Conservation search – this search advises of any notices or judgements issued in relation to the property pursuant to the Soil Conservation Act 1986.

·         Powerlink Search – this search advises if there is any registered or proposed electrical works easement/s over the property that you as the buyer may not be aware of.

 If recommended searches are not obtained during the course of your conveyance then any issues, orders or notices affecting the property may become the responsibility of you as the new owner once settlement has been effected, so it is best to ensure that they are obtained for peace of mind.

Jade Scott is part of the Rural Division at local law firm Rees R & Sydney Jones.

Chemical Use by Resource Companies

What are the implications if a resource company forgets to tell you about that patch of parthenium they sprayed last week and you’ve got no idea what the chemical is or what it does, or if there are any withholding periods?  Or what about that puddle of fraccing water that your cattle just walked through because of a burst pipe?  As a National Vendor Declaration (NVD) is a legal document, it must be filled in correctly to safeguard against being issued with serious penalties for supplying incorrect information.

 

The NVD asks questions about chemical residue, withholding periods and where your cattle have been grazing for the last 60 days.  Even though you know what chemicals you have on your property and you know where you’ve used them, what about the resource company? 

Resources companies should need to get your consent to chemical use before they start and it’s really important to have a clause covering chemical usage in your access agreement with the resource company.  A good access agreement will cover what happens if there is a problem and provide details of how to fix it.

Negotiating Access Agreements can be a time consuming exercise, but this is your life, your home and your livelihood – so it is well worth investing some time to make sure there are no major disruptions to your business and your income.

Anyone with questions or concerns about covering chemical usage in an access agreement, please feel free to contact Melanie Oliver or Amy Gudmann at Rees R & Sydney Jones Solicitors on (07) 4927 6333.