Property Law FAQs

How can environmental protection laws have an impact on my property?

Residential Land owners – You are responsible for the proper disposal of waste from your land. This would include a duty to ensure that pesticides are properly handled and that you avoid dumping chemicals into run-off drains located on your land. In addition, your neighbours may consider obtaining noise abatement orders to handle serious noise complaints whether through the local council or the local courts.

Lessees – In the context of environmental protection, a lessee is under almost the same duties as the owner (as they are the person who has the use and enjoyment of the premises). This would also cover occupiers (that is, a person who is a manager of the premises).

Construction workers and contractors – There are extensive rules regarding environmental protection laws and construction sites. These include allowed hours of work and licensing requirements for heavy machinery.

Conveyancers, solicitors and people involved in property transactions – Solicitors and conveyancers would be aware of the need to conduct a search of a contaminated lands register. However, the rise of do-it-yourself conveyancing has led some people to overlook the role of environmental-related lands searches. In addition, anyone involved in conveyancing should consider the importance of other environmental data concerning the land, such as environmental protection orders and flooding maps.

Property Developers and Renovators – It has become common for property developers to address council questions regarding environmental matters by including environmental impact studies. However, some local councils and shires may require similar information from renovators if there is a view that works could impact on a site's natural environment. Somewhat amazingly, this could even extend to detailed descriptions of what trees would be removed on a person's land. In addition, there are specific rules regarding the disposal and movement of asbestos materials.

Warehouse operators – Australia's move towards unifying road transport has led to somewhat more consistent rules between states and territories on the storage of dangerous goods. Environmental protection laws impose numerous handling controls and safety equipment requirements to ensure that impact of an accident is contained.

Directors of any companies undertaking the types of businesses above – In some cases, company directors can be held liable for serious safety or environmental protection failures.

FAQ Archive:

How does a joint tenancy come to an end?

Do I need approval for doing renovations on my home?

How can I find out the details of land that I'm interested in buying?

What is adverse possession?

What are the general terms that can be found in a leasing agreement between a landlord and tenant?

What are some of the disputes that may arise in relation to interests and priorities?

What duty is payable under the new stamp duty amendments?

What duty is payable under the new stamp duty amendments?

How will the Amendment Affect Councils that have already Submitted LEPS?

What is the role and scope of the NSW Coastal Panel?

As a Senior, is there any way of Downsizing my Property without incurring Stamp Duty?

I Transferred my Property, Do I have to pay the Torrens Assurance Levy?