When you a buying property in Queensland, as part of the conveyancing process your solicitor will undertake a number of searches on the property. Making the decision to buy a property is not to be taken lightly, especially given the large amount of money involved, so it’s important these searches are undertaken to ensure the property is free from defects and as described in the contract of sale.
One of these searches is a search of the Contaminated Land Register and the Environmental Management Register. Having your solicitor undertake a search of these registers is important as it will show if certain types of notifiable activities have occurred on the land, or if the land has been affected by a hazardous containment.
The Environmental Management Register:
The Environmental Management Register contains information about whether a property currently is, or has previously been, subjected to contamination or used for a notifiable activity. For each property the register contains information about the outcomes of any contamination and also any requirements for management of contamination.
If you are considering undertaking any development on the property the Register also acts as a land planning tool, with any proposed development requiring an assessment of the development to ensure the contamination of the property doesn’t pose a risk to people’s health or the environment.
If a property is recorded on the Register it may pose a low risk to human health and the environment, however it does not mean that the property needs to be cleaned up, or its current use stopped.
A property can be removed from the Register if the Department of Environment and Heritage Protection is satisfied that the land is no longer contaminated, or is being managed for a proposed use under a site management plan.
The Contaminated Land Register:
The Contaminated Land Register contains information on all ‘risk’ sites, which includes all properties where there is contamination that is causing, or may cause, serious harm to the environment.
If a property is recorded on the register, it means that a scientific investigation has shown that the land is contaminated and that action must be taken to remediate, or manage, the land in order to prevent further environmental harm, or harm to a person or animal.
A property may have been contaminated as a result of poor environmental management and waste disposal practices, or of a spill form a commercial or industrial activity. The land may also be contaminated due to a past activity that is now known to be dangers.
The types of properties that are usually recorded on the Register include service stations, cattle dips, tanneries, landfills and refuse tips, amongst other uses.
It makes sense that when you are buying a property to live in you would want to ensure that the land is not contaminated, or subject to any environmental management plans, which is why undertaking this search is so important.
The search your conveyancing solicitor undertakes will show whether the property is recorded on either the Environmental Management Register, or the Contaminated Land Register. In most cases residential properties are not recorded on these register, but if they are your solicitor will be able to provide more information on your rights and remedies when it comes to your purchase.