DORMANT TLB 113 213 906 Pty Ltd, which operates National Lifestyle Villages, leased out a block of land at one of its villages in Baldivis in 2016.
The company had an obligation to provide written disclosure to the individual leasing the land about the block’s classification as "remediated for restricted use". It failed to do this, and also did not give to the Chief Executive Officer of the Department of Water and Environmental Regulation a copy of a written disclosure, as required under the Contaminated Sites Act 2003.
The block of land had a restriction on ground water abstraction after investigations revealed the ground water was not suitable for use (including garden and public open space irrigation) due to the presence of metals, chlorides, and nitrates.
In the Rockingham Magistrates Court on Monday 17 April 2023, the company was fined $10,000.
The Department of Water and Environmental Regulation’s Executive Director for Compliance and Enforcement, Kelly Faulkner, said the prosecution should send a message that companies needed to fulfil their disclosure obligations under the Contaminated Sites Act.
“In this case it was fortunate that there were no health impacts on individuals at the lifestyle village, despite the absence of disclosure” she said.
“However, the disclosure obligations are there for a reason and landowners that don’t comply can expect to be prosecuted.”
