“Contamination means the condition of land or water where any chemical substance or waste has been added as a direct or indirect result of human activity at above background level and represents, or potentially represents, an adverse health or environmental impact.” 1
Australia is estimated to have approximately 200,000 contaminated sites. Contamination significantly impacts the permitted uses and development potential of affected areas, and can have legal, financial, and business interruption consequences.
Victoria has been at the forefront of contamination management reform, particularly over the past three years. These changes mean that once a property is purchased, the new owner is legally obligated to manage any known contamination. Additionally, there is a legal duty to notify regulators if contamination exceeds certain thresholds. Regulators have the authority to issue notices requiring the investigation, management, and remediation of contaminated sites. In Victoria, these notices can be directed not only to the current owner or occupier but also to former owners, former occupiers, and/or the original contaminator.
Lotsearch is Australia’s trusted source of land and property information, aiding industry experts to identify potential environmental risks. With access to over 1,000 information sources, Lotsearch provides nationwide searches, including those related to contaminated land and natural hazards. Lotsearch’s data collation from multiple sources ensures a comprehensive understanding of land contamination, enabling better due diligence.
The new Lotsearch EPA (Environmental Protection Authority) Priority Sites Plus+ report is an invaluable tool in this process, offering a consolidated view of EPA records related to contaminated land. This report not only aids in compliance with Victoria’s new Environment Act but also provides a clear picture of potential risks, enabling you to meet your legal obligations with confidence.
For more in-depth information about land contamination and how it can have significant impacts on your clients and your business, watch the on-demand webinar. Equip yourself with the knowledge and tools needed to navigate this complex area of property law.
1The National Environment Protection (Assessment of Site Contamination) Measure 1999 (the ASC NEPM) made under the National Environment Protection Council Act 1994 (Cth).