Environmental Protection Act 1994

This section applies if particulars of land are recorded in the contaminated land register.

If a lease is in effect in relation to the land when the particulars are recorded, the owner must, within 20 business days after the particulars are recorded, give the lessee notice that particulars of the land have been recorded in the register.Maximum penalty—50 penalty units.

If, after the particulars are recorded, the land’s owner proposes to enter into a lease with another person, the owner must give notice about the recording of the particulars to the person before entering into the lease.Maximum penalty—50 penalty units.

If the owner does not give notice as required under subsection (2) or (3), the lessee or other person may terminate the lease by written notice given to the owner within 10 days after the person becomes aware of the recording of the particulars.

Subsection (4) applies despite anything to the contrary in the lease.

In this section—lease means an agreement between the land’s owner and another person about occupancy of the land.