If you're in the process of purchasing property, you'll likely be given the option to conduct a contaminated land register search. You're probably asking, "Should I do one and what's the risk if I don't?".
The Environmental Management Register and Contaminated Land Register (EMR/CLR) are searchable public registers, administered by the Queensland Government, that list contaminated, or potentially contaminated land in Queensland. Land can be listed for current or past potentially contaminating uses or identified contamination, and in many cases, there may be little or no visible evidence that the land was once used for an activity that may have contaminated it. Contaminated land isn't restricted to heavy industry either. To quote the adage don't judge a book by its cover.
So, what is the cost? In addition to the human health and environmental risks of ignorantly using contaminated land, there is a financial risk of being unaware. Generally, the property market and associated services, such as financiers, understand there are potential liabilities associated with contaminated land and make value adjustments accordingly. As a minimum, when you come to change the use of land that is listed on the EMR, you'll likely need a contaminated land assessment by a suitably qualified person to let you know if you can do what you want to. These start at around $5,000 and go up depending on the complexity of the land, with a typical phase 1 contaminated land assessment being in the $10,000 range. If you want to remove land from the registers, the costs can be substantial, even if no contamination is identified. If land is confirmed to be contaminated, there is contaminated groundwater, or the land requires remediation, the amount of work can be confronting if you’re unprepared.
Don't make assumptions. The cost of the search is minimal and well worth the money. If you're not sure what the results mean or have suspicions about the past use of the land, contact an experienced professional.
Christian Atkinson is a contaminated land auditor and a suitably qualified person for contaminated land assessment in Queensland with more than 25 years of experience. Any discussion is general in nature and does not consider your specific circumstances. If you are considering acting on any matters discussed, you should seek advice from qualified and experienced professionals.
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