Contamination and contracts: managing risk

Last week, I received an email from a lawyer who said their client: “Will not accept responsibility or indemnify for Contamination that has occurred prior to the ‘Acquisition Date’. Under section 6 (s6) of the Contaminated Land Management Act 1997, responsibility for contamination or for any harm caused by contamination cannot be transferred by contract or…

Watch out for new environmental enforcement laws

The Protection of the Environment Legislation Amendment Bill 2014, introduced to the Legislative Assembly on 12 August, proposes to strengthen NSW environmental enforcement laws, and introduces the concept of ‘restorative justice’ into environmental enforcement. ‘Restorative justice’ is described in the second reading speech for the Bill as a process that: “brings together both an offender…