The recent case of FKP Commercial Developments Pty Ltd
("FKP") v Albion Mill FCP Pty Ltd ("Albion
Mill") has highlighted that when disposing of
"contaminated land" in Queensland that vendors should be
clear and unequivocal when constructing and serving the relevant
notice under s 408 of the Environmental Protection Act
1994 (Qld) ("EPA")).
The notice should strictly conform to the requirements of the
EPA. This includes stating the particulars of the relevant
land recorded on either the contaminated or environmental land
register, copies of all registered site management plans and
stating the particulars of any EPA notice or order to which the
land is subject to.
Vendors should also be conscious of the manner in which the
notice is actually served on the buyer; particularly where the
notice is served by electronic communication.
