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Planning EnvironmentQLDHARD

Under Queensland's Environmental Protection Act 1994, a person who discovers contaminated land on a property they intend to sell must:

Correct Answer

D) Notify the regulator, and give buyers written notice if the land is on the EMR or CLR

Under the Environmental Protection Act 1994, contaminated land may be listed on the Environmental Management Register (EMR) or Contaminated Land Register (CLR). Sellers must notify the administering authority and these listings are searchable. Disclosure to buyers is required to avoid misleading conduct.

Answer Options
A
Clean up the contamination completely before the land can lawfully be listed for sale
B
Rely on the contract to pass all liability for the contamination to the buyer at settlement
C
Mention the contamination only if a buyer asks a direct question about the site's history
D
Notify the regulator, and give buyers written notice if the land is on the EMR or CLR

Why This Is the Correct Answer

Under the Environmental Protection Act 1994 (Qld), an owner who becomes aware of a notifiable activity or contamination must notify the administering authority, and a seller of land recorded on the Environmental Management Register or Contaminated Land Register must give the buyer written notice of that before the contract is signed.

Why the Other Options Are Wrong

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Related Topics & Key Terms

Key Terms:

contaminated landEMREnvironmental Protection Act 1994
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