MCU14/0028 Appendix 2 EnvProtAct 1994

                                                 Environmental Protection Act 1994
                                              Chapter 7 Environmental management
                                                          Part 8 Contaminated land

                                                                           [s 421]

              (a)    particulars of the land are recorded in the environmental
                     management register or contaminated land register; or
              (b)    the land is the subject of—
                     (i)   a notice under section 373 informing the owner
                           that the administering authority believes the land
                           has been, or is being, used for a notifiable activity
                           or is contaminated land; or
                     (ii) a notice to conduct or commission a site
                          investigation; or
                     (iii) a remediation notice; or
                     (iv) a notice that the administering authority is
                          preparing, or requiring someone else to prepare, a
                          site management plan for the land; or
              (c)    the land is the subject of an order under section 458.
        (2)   If the owner proposes to dispose of the land to someone else
              (the buyer), the owner must, before agreeing to dispose of the
              land, give written notice to the buyer—
              (a)    if particulars of the land are recorded in the
                     environmental management register or contaminated
                     land register—that the particulars have been recorded in
                     the register and, if the land is subject to a site
                     management plan, details of the plan; or
              (b)    if the owner has been given a notice under this
                     part—that the owner has been given a notice under this
                     part and particulars about the notice; or
              (c)    if the land is the subject of an order under section
                     458—that the land is the subject of the order and
                     particulars about the order.
              Maximum penalty—50 penalty units.
        (3)   If the owner does not comply with subsection (2), the buyer
              may rescind the agreement by written notice given to the
              owner before the completion of the agreement or possession
              under the agreement, whichever is the earlier.
Current as at 20 February 2014                                          Page 341