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Legislative Assembly for the ACT: 1996 Week 7 Hansard (20 June) . . Page.. 2019 ..
(2) The question of any contamination is addressed by the Department of Urban Services at the time the lease is varied, during the variation process under the Land Act. If the lease is transferred to a lessee who is to continue operating a service station the Department advises the seller to disclose to the buyer the potential for contamination. Additionally, if information is requested the buyer is advised of any known contamination and is also advised to carry out any investigations necessary, he or she may consider necessary (caveat emptor).
With a lease variation, the lessee provides a report to the Department of Urban Services demonstrating that the contamination has been assessed in accordance with New South Wales guidelines for assessing petrol station sites. Any lease variation is not approved until this condition has been met to the full satisfaction of the Department.
The Government would impose a similar requirement on sites that may be surrendered and would seek to recover the cost of decontamination where the lease over a site is terminated.
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