Further Vendor Disclosure Obligations – Native Vegetation Set Asides and Remediation Orders

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Changes to the Conveyancing (Sale of Land) Regulation 2017 (the Sale of Land Regulation) introduce a new vendor disclosure obligation for properties affected by recent Land Management Reforms relating to the clearing of native vegetation.

Additional Items 29 and 30 have been included in Schedule 3 to the Sale of Land Regulation, providing that the requirement to establish a ‘set aside’ area relating to the clearing of native vegetation under Part 5A of the Local Land Services Act 2013 (LLSA), and a remediation order under Part 11 of the Biodiversity Conservation Act 2016 (BCA), are adverse affectations for the purposes of contracts for the sale of land.

The BCA and amendments to the LLSA commenced on 25 August 2017 and relevantly introduce land management codes designed to facilitate clearing of native vegetation. In some circumstances, landholders may apply for a ‘mandatory code compliant certificate’ authorising clearing on the basis that other land is established as a ‘set aside’ area. Conditions attach to the clearing and the maintenance of the set aside. Penalties, including remediation orders, can apply if native vegetation is cleared without authorisation or where a landholder has breached conditions.

For more information about vendor disclosure obligations, see the Changes to Vendor Disclosure Requirements from 1 September 2017.

For more information about set asides and land management codes, please contact Local Land Services.