Managing UXO Affected Land
Land occupied by the Commonwealth
All land occupied by the Commonwealth, which has been or continues to be used for the purpose of firing live ammunition, is to be managed so that the level of UXO and the scope for trespass onto such land is minimised. The Commonwealth is generally under no legal obligation to commit resources to reduce the hazards associated with land contaminated with UXO. However, when divesting itself of a legal interest in land confirmed or suspected to be affected by UXO, the Commonwealth will take whatever steps which are seen as being reasonable in the circumstances to reduce the hazards from UXO.
Further, when transferring an interest in land known or suspected to be contaminated with UXO, the Commonwealth will advise the transferee of the nature and extent of the contamination and associated hazards.
Land wherein the Commonwealth has no Legal interest
The Commonwealth is not considered to be liable for the continuing affects of UXO contamination to lands wherein the Commonwealth has never had, or has disposed of, a legal interest. However, the Department of Defence still expects to be notified of any UXO found on such property so it can be made safe and removed by skilled Defence personnel.
Commonwealth Indemnity for personal injury or property damage
Although the Commonwealth is not considered legally liable to do so, the Commonwealth will indemnify landowners/ occupiers for:
1. Claims made against them in respect of personal injury and/or damage to property arising from detonation of UXO which is present on their land as a result of Commonwealth or allied military activities;
2. Such injury or damage suffered by themselves unless the circumstances of a particular case render it inappropriate for the Commonwealth to give such an indemnity.