As a property lawyer, do you have the information needed to assess your client’s potential site contamination risk? Lotsearch Pty Ltd, a leader in environmental data, recently commissioned Norton Rose Fulbright to provide comprehensive legal advice on property lawyers’ duties regarding contaminated land. This advice addresses the challenges involved in obtaining accurate land contamination data, particularly in Australia, where legislation varies by state and information is often scattered across different sources.
In Australia, the legal framework surrounding land contamination requires certain disclosures, but the process of gathering accurate information can be complex. Information is often pulled from various reports and registers, each providing different sets of data. For example, in New South Wales (NSW), a Section 10.7 Planning Certificate offers two types of certificates:
- Section 10.7(2) Certificate: This mandatory document for a Contract of Sale includes zoning, planning controls, and property constraints like contamination, flood risk, and bushfire hazards.
- Section 10.7(5) Certificate: In addition to the above, this certificate contains further advice from local authorities, covering issues such as permissibility of dwellings, private land burials, and contamination-related policies from local councils.|
However, these certificates don’t always provide a full picture. Norton Rose Fulbright cautions against relying solely on a 10.7 certificate, as it may not capture all relevant contamination risks. A site-specific report, which delves deeper into environmental concerns, is often recommended for a more complete assessment.
The limitations of available reports were highlighted by the NSW Environmental Protection Authority (EPA) in its 2022 review of contaminated land information on planning certificates. The EPA found that most councils did not include significant contamination data in their certificates. For many sites with known contaminating activities, crucial information wasn’t included in the additional relevant matters section of the certificates.
This issue isn’t confined to NSW. In Victoria, the Environmental Protection Authority manages a Priority Sites Register (PSR). However, the PSR doesn’t include all contaminated sites in the state, meaning landowners must dig deeper to uncover potential contamination risks. Similarly, in Queensland, the Contaminated Land Register (CLR) and Environment Management Register (EMR) provide lot-specific data but exclude contamination issues from neighbouring properties, which could still affect the site.
Given these challenges, understanding where and how to access reliable contamination data is vital. Property lawyers must provide clients with sound advice by accessing comprehensive information on environmental hazards. This is where Lotsearch becomes an invaluable partner.
