Western Australian Current Acts Western Australian Current Acts (1) At least 14 days
before the completion of a transaction which would result in another person
becoming an owner, mortgagee or lessee of —
(a) land
that comprises all, or part, of a site classified as —
(i)
contaminated — remediation required ;
(ii)
contaminated — restricted use ; or
(iii)
remediated for restricted use ;
or
(b) land
in respect of which a notice under Part 4 has been given and in respect of
which a memorial is registered,
each owner of the land
who is to be a party to the transaction must give —
(c) a
written disclosure in respect of the land in the prescribed form to each
person who would become an owner, mortgagee or lessee of the land as a result
of the transaction; and
(d) a
copy of that disclosure to the CEO.
Penalty: $125 000, and a daily penalty of $25 000.
(2) A contravention of
subsection (1)(c) is a breach of statutory duty that, subject to the defences
and other incidents applying to actions for breach of statutory duty, is
actionable at the suit of a person who should have been given the disclosure
and who has sustained loss or damage in consequence of that breach.