South Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

ENVIRONMENT PROTECTION ACT 1993 - SECT 103E

103E—Liability for site contamination subject to certain agreements

        (1)         If—

            (a)         site contamination exists at a site; and

            (b)         land that is all or portion of the site has been sold or transferred (whether before or after the commencement of this Part or this Act) subject to an agreement in writing under which the purchaser or transferee will assume liability for all or a specified part of the site contamination at the site,

the purchaser or transferee is to be taken to have assumed the vendor's or transferor's liability for the site contamination in accordance with the agreement and this Act applies as if the purchaser or transferee (and not the vendor or transferor) had caused the site contamination or, as the case may be, the specified part of the site contamination.

        (2)         Subsection (1) does not apply to an agreement—

            (a)         unless, in the case of an agreement entered into after the commencement of this Part—

                  (i)         the person has first given the purchaser or transferee a notice in a form approved by the Authority for the purposes of this section setting out the legal effect of the agreement under this section; and

                  (ii)         a copy of the agreement is lodged with the Authority; or

            (b)         if the Environment, Resources and Development Court determines, on application by the Authority, that the purchaser or transferee did not acquire the land in a genuine arms length transaction.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback