subject: Make Sure Your New Property's Not On The Contaminated Land Register [print this page] As its name implies, the Contaminated Land Register is a register that keeps track of all of the land in Australia that has environmentally problematic materials on it. Sometimes, people try to sell such property without informing buyers about its status. Don't get taken for a ride - make sure you check the CLR when buying property.
The Basics About the Contaminated Land Register -
As a buyer, you're going to want to search the CLR to make sure that the property you're buying isn't on it. While it may not be a deal-breaker for you if it is, you still need to be informed of this prior to making such a huge investment. You should also know that it is the seller's responsibility to disclose this information to you.
Indeed, any time a person goes to sell property in Australia, they must inform potential buyers if it is on the CLR. If you enter into a contract with a buyer and find out that the property in question is listed on the CLR, you have the right to terminate the contract. In this case, you simply give the seller written notice about your discovery - and about the fact that you are terminating the contract - and you should be good to go. An experienced conveyancer can help you through this process.
Ideally, the seller of a property will provide you with written notice about the fact that the property is listed on the CLR. As long as you are given such notice, you will not be able to terminate the contract based on this fact. Regardless it is worthwhile to confirm whether the property in question is listed on the Contaminated Land Register. If you do cancel the contract because the properties listed on it - and you weren't informed - all of your money has to be refunded to you.
The Trouble with Land on the CLR -
Land is placed on the CLR when scientific investigations have proven it to harbour harmful chemicals and other toxic materials. In some cases, those materials must simply be contained within the perimeter of the property; in other cases, the contaminants can be removed. In the latter case, the property can be taken off of the register if it is shown to be completely free of contaminants. If you inadvertently buy land that is on the CLR, you may end up having to pay a lot of money to clean it up - or to contain it. Either way, it's one unpleasant surprise that you'd undoubtedly like to avoid.
