Overview

In Australia, the laws governing land contamination are primarily managed at the State and Territory level, with each jurisdiction having its own specific legislation and guidelines.

In some circumstances, legal action in relation to land contamination can also be brought under the common law. For example, landowners whose land is affected by pollution or contamination emanating from a neighbour’s property, may have an action in private nuisance or in negligence.

How we can help

We assist clients to resolve complex legal issues in relation to contaminated land by:

• advising on the sale of contaminated land (including the allocation of environmental risk in contracts for the sale of land and other transaction documents);

• advising on risks associated with purchasing or leasing a contaminated site;

• advising on the redevelopment of a contaminated site;

• advising on the duty to report contamination to the relevant regulator;

• assisting with any orders made by a regulator including a preliminary investigation order, management order and ongoing maintenance order;

• advising on your rights and obligations in relation to contaminated land under the applicable State and Territory legislation and guidelines and at common law;

• advising and representing you in relation to offences and regulatory action under applicable State and Territory legislation; and

• representing you in legal proceedings and appeals in relation to contaminated land (including cost recovery proceedings).

Our experience

Examples of projects where we have demonstrated our experience advising on these matters can be found here.