Our Expertise

Contaminated
Land Law

Beatty Hughes & Associates is recognised for its technical legal expertise in Contaminated Land

Most States and Territories in Australia have specific laws that relate to contamination land and pollution of lands. These laws may impose obligations on certain persons to notify regulators that land has been contaminated, prescribe who is responsible for remediating contaminated land and give the regulator powers to require certain actions to be taken in relation to contaminated land.

We are experienced in advising on contaminated land law around Australia. We have advised on potential environmental liabilities associated with the sale and purchase of contaminated land and negotiated, drafted contractual liability transfer and indemnity provisions for real estate and corporate transactions. We have also acted in disputes involving liabilities associated with contaminated land.

How we can assist

Assisting in the investigation of the scope and potential source of land contamination.

Advising on potential contaminated land liability, both in relation to historical and more recent contamination sources.

Advising as to whether there is a duty to notify the relevant authority as to the presence of contamination.

Negotiating and drafting contractual liability transfer and indemnity provisions for real estate and corporate transactions.

Acting for land owners and occupiers (both past and present) in relation to contaminated land investigations being carried out by environmental regulators.

Advising whether any approvals, consents or licences are required in relation to the remediation of contaminated land.

Advising whether certain remediation works are regulated under the relevant contaminated land regime or waste regime.

Advising on the extent to which potential contamination must be investigated and addressed in the context of the development application process.

Our recent experience in Contaminated Land Law

Acting for a land owner in relation to an investigation into the scope and potential source of PFAS / PFOS contamination.

Advising the potential purchaser of an unremediated and heavily contaminated site in relation to contaminated land liability.

Advising the shareholder of company that previously owned a gasworks site of the company’s potential liabilities in relation to the remediation of that site.

Advising the purchaser of an industrial site that had been previously remediated and was subject to a management plan, of their potential statutory and contractual obligations and liabilities in relation the contamination still present on site.

The NSW Government is seeking to amend the Protection of the Environment Operations Act (POEO Act) to increase penalties for environmental crimes and provide the Environment Protection Authority (EPA) with