Environmental Harm, Fines & Notices

A $60,000 FINE!? Know your legal obligations when it comes to notifying contaminated land!

Are you aware that your property or the property that you are working on could be contaminated? If you are aware, and you fail to notify the Department of Environment and Heritage Protection (EHP), serious fines could apply.

What is a “notifiable Activity”?

This is an activity that is likely to cause contamination. In town, these activities might include some types of manufacturing or disposal operations, printing, petroleum or chemical storage. On a rural property, you might have a livestock dip or spray race.

Who is required to notify EHP?

Just about everyone! Employees/employers, company directors, contractors and agents, engineers, project managers, auditors, local government, owners and occupiers of Land.

When must notification occur?

If contamination or environmental harm is likely to occur or has occurred, notification to EHP has to be given within 24 hours of an event occurring. You must also give notification to an owner or occupier of land (so say a tenant) if it is likely that their land could be affected.

What happens if you do not notify?

Fines of up to almost $60,000 can apply in certain circumstances so the fines are significant. Tenants and Occupiers of Land should be aware that they must notify the owners of the Land or Fines also apply if the owner is not notified.

How do I notify?

There are particular forms and guidelines you can use online through EHP, or you can contact them directly.

What about if I am purchasing a property?

This positive duty to notify should result in an increase in properties being noted on the Contaminated Land Register. Appropriate searches and advice should be obtained when you purchase a new property or if you take on a long term lease of a premises.

Contact Energy, Environment & Agribusiness Partner, Melanie Findlay on (07) 4927 6333 or at enquire@reesjones.com.au.

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.