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CONTAMINATED SITES ACT 2003

CONTAMINATED SITES ACT 2003. WHAT IS MEANS TO REAL ESTATE AGENTS REIWA Rural Chapter Regional Meeting 31 August 2012 – The Vines Peter Michael. WHAT YOU NEED TO BE AWARE OF AND HOW YOU CAN “VALUE-ADD” FOR:. your landlords; Your tenants; Your sellers; Your buyers.

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CONTAMINATED SITES ACT 2003

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  1. CONTAMINATED SITES ACT 2003 WHAT IS MEANS TO REAL ESTATE AGENTS REIWA Rural Chapter Regional Meeting 31 August 2012 – The Vines Peter Michael

  2. WHAT YOU NEED TO BE AWARE OF AND HOW YOU CAN “VALUE-ADD” FOR: • your landlords; • Your tenants; • Your sellers; • Your buyers

  3. WHY IS THE NEW LEGISLATION IMPORTANT TO YOU? • Making sure the position of your landlord/seller/buyer is protected. • Making sure your position is protected.

  4. IT’S ALL NEW! • The legislation came into effect on 1 December 2006. • The accompanying regulations and policies of the Department of Environmental Protection (“DEC”) are new. • The administrative structures for administering the Act are new. • There’s been no body of decisions or determinations by DEC, the Contaminated Sites Committee or the Supreme Court.

  5. ENQUIRIES THAT CAN BE MADE • The Contaminated Sites Database: • Contaminated – restricted use; • Contaminated – remediation required; • Remediation for restricted use.

  6. Enquiries that can be made • Reported Sites Register: • Report not substantiated. • Possibly contaminated – investigation required. • Decontamination. • Not contaminated – unrestricted use.

  7. Enquiries that can be made • Landgate searches – Memorials to be registered against the title to sites with the following classifications: • Contamination – remediation required. • Contamination – restricted use. • Remediation for restricted use. • Possible contamination – investigation required. • Contaminated Sites Management Series – DEC.

  8. YOUR OWNER • Does your owner know what his obligations are under the Act? • Mandatory rep0rting of known or suspected contaminated sites by owners. • Failure to report – large monetary penalties.

  9. Your Owner • The Act provided a 6 month period, i.e., until 31 May 2007 for contamination to be reported. • After 1 June 2007: • All owners must report to DEC within 21 days of “knowing”. • If an owner “suspects” that a site is contaminated, they must report “as soon as practicable”.

  10. Your Owner • Disclosure Statements. • Is the owner entitled to an Exemption Certificate? • Contamination is self assessment. • If in doubt, engage an environmental consultant.

  11. IS YOUR CLIENT RESPONSIBLE FOR REMEDIATION? • An owner wishing to develop and therefore change the use of the land. • Owner who bought before 1 December 2006 with knowledge or suspicion or reasonable grounds for knowledge or suspicion of contamination. • An owner issued with a statutory notice by DEC.

  12. SALE AND PURCHASE, LEASING OR MORTGAGING OF SITES THAT ARE AFFECTED BY THE CONTAMINATED SITES ACT

  13. The Contract: • Due diligence condition. • Contract conditional on contamination status of property being confirmed, e.g., no regulatory notices and status being satisfactory to buyer. • Planning conditions related to contamination, e.g., rezoning, subdivision, development approval, building application approval.

  14. PETER MICHAEL

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