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

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.

IT’S ALL NEW! The legislation came into effect on 1 December 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.

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

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

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.

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.

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”.

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

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.

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

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.

PETER MICHAEL