sec.408Owner to give notice to proposed purchaser

### sec.408 Owner to give notice to proposed purchaser This section applies to the owner of land if— particulars of the land are recorded in a relevant land register; or the land is the subject of— a show cause notice under section 375 ; or an environmental evaluation that includes a requirement to conduct or commission a site investigation; or an environmental enforcement order issued under section 362 (2) that includes a requirement to provide a validation report; or a notice under section 394 ; or a notice under section 401 ; or the land is the subject of an order under section 458 . The owner must, before agreeing to dispose of the land to someone else (the buyer ), give written notice to the buyer stating— if subsection (1) (a) applies—that the particulars of the land have been recorded in a relevant land register and, if details of a site management plan for the land are recorded in the register, details of the plan; or if subsection (1) (b) applies—that the owner has been given a notice mentioned in the subsection and particulars of the notice; or if subsection (1) (c) applies—that the land is the subject of the order and particulars of the order. Maximum penalty—50 penalty units. If the owner does not comply with subsection (2) , the buyer may rescind the agreement by giving the owner written notice before whichever of the following happens first— the completion of the agreement; possession under the agreement. When the buyer rescinds the agreement under subsection (3) — a person who has been paid an amount by the buyer under the agreement must refund the amount to the buyer; and the buyer must return to the owner any documents about the disposal, other than the buyer’s copy of the agreement. However, if the owner does not comply with subsection (2) , the owner may give the written notice after agreeing to dispose of the land if the notice also states— the matters mentioned in subsections (3) and (4) ; and that the buyer may act within 21 business days after receiving the notice. If the buyer does not rescind the agreement within 21 business days after receiving the notice, the buyer is taken to have waived their right to rescind the agreement. Subsections (3) to (6) apply despite anything to the contrary in the agreement. s 408 ins 1997 No. 80 s 21 sub 2014 No. 59 s 135 amd 2024 No. 30 s 61 sch 1 (sec.408-ssec.1) This section applies to the owner of land if— particulars of the land are recorded in a relevant land register; or the land is the subject of— a show cause notice under section 375 ; or an environmental evaluation that includes a requirement to conduct or commission a site investigation; or an environmental enforcement order issued under section 362 (2) that includes a requirement to provide a validation report; or a notice under section 394 ; or a notice under section 401 ; or the land is the subject of an order under section 458 . (sec.408-ssec.2) The owner must, before agreeing to dispose of the land to someone else (the buyer ), give written notice to the buyer stating— if subsection (1) (a) applies—that the particulars of the land have been recorded in a relevant land register and, if details of a site management plan for the land are recorded in the register, details of the plan; or if subsection (1) (b) applies—that the owner has been given a notice mentioned in the subsection and particulars of the notice; or if subsection (1) (c) applies—that the land is the subject of the order and particulars of the order. Maximum penalty—50 penalty units. (sec.408-ssec.3) If the owner does not comply with subsection (2) , the buyer may rescind the agreement by giving the owner written notice before whichever of the following happens first— the completion of the agreement; possession under the agreement. (sec.408-ssec.4) When the buyer rescinds the agreement under subsection (3) — a person who has been paid an amount by the buyer under the agreement must refund the amount to the buyer; and the buyer must return to the owner any documents about the disposal, other than the buyer’s copy of the agreement. (sec.408-ssec.5) However, if the owner does not comply with subsection (2) , the owner may give the written notice after agreeing to dispose of the land if the notice also states— the matters mentioned in subsections (3) and (4) ; and that the buyer may act within 21 business days after receiving the notice. (sec.408-ssec.6) If the buyer does not rescind the agreement within 21 business days after receiving the notice, the buyer is taken to have waived their right to rescind the agreement. (sec.408-ssec.7) Subsections (3) to (6) apply despite anything to the contrary in the agreement. - (a) particulars of the land are recorded in a relevant land register; or - (b) the land is the subject of— (i) a show cause notice under section 375 ; or (ii) an environmental evaluation that includes a requirement to conduct or commission a site investigation; or (iii) an environmental enforcement order issued under section 362 (2) that includes a requirement to provide a validation report; or (iv) a notice under section 394 ; or (v) a notice under section 401 ; or - (i) a show cause notice under section 375 ; or - (ii) an environmental evaluation that includes a requirement to conduct or commission a site investigation; or - (iii) an environmental enforcement order issued under section 362 (2) that includes a requirement to provide a validation report; or - (iv) a notice under section 394 ; or - (v) a notice under section 401 ; or - (c) the land is the subject of an order under section 458 . - (i) a show cause notice under section 375 ; or - (ii) an environmental evaluation that includes a requirement to conduct or commission a site investigation; or - (iii) an environmental enforcement order issued under section 362 (2) that includes a requirement to provide a validation report; or - (iv) a notice under section 394 ; or - (v) a notice under section 401 ; or - (a) if subsection (1) (a) applies—that the particulars of the land have been recorded in a relevant land register and, if details of a site management plan for the land are recorded in the register, details of the plan; or - (b) if subsection (1) (b) applies—that the owner has been given a notice mentioned in the subsection and particulars of the notice; or - (c) if subsection (1) (c) applies—that the land is the subject of the order and particulars of the order. - (a) the completion of the agreement; - (b) possession under the agreement. - (a) a person who has been paid an amount by the buyer under the agreement must refund the amount to the buyer; and - (b) the buyer must return to the owner any documents about the disposal, other than the buyer’s copy of the agreement. - (a) the matters mentioned in subsections (3) and (4) ; and - (b) that the buyer may act within 21 business days after receiving the notice.