Wow! Putting a Land Charge on a property, you "suspect" to be "potentially" contaminated land is a bold move!
In Western Australia the CSAct requires the regulator, following an assessment of available information, to lodge a Memorial on Title indicating that they have catagorised a site as "Possibly Contaminated - Investigations Required" where that information is insufficient to formally determine the site as contaminated - but your approach seems to take that one step further.
What if, all "suspected" contaminated land (aka land affected by contamination/brownfield) land was suddenly subject to a Land Charge as routine, what a different world we would live in. Overnight all polluters, and affected landowners/developers would refocus on resolving these issues rather than attempting to minimising them? Blight is a wonderful motivator!
Food for thought, indeed.
David (Downunder)
|