Short answer
Queensland's Environmental Management Register (EMR) lists land where a notifiable activity has occurred or contamination is suspected. The Contaminated Land Register (CLR) lists land that must be remediated to prevent serious environmental harm. You can search either online by lot on plan for $61.05 per lot in 2026-27, and results usually arrive immediately.
In this guide
- EMR vs CLR: what's the difference?
- How to search the EMR and CLR
- What a listing means when you sell, buy or lease
- What a listing means for development
- Duties if you own or occupy the land
- Getting land off the register
- Where Burke Industries fits
- A due diligence checklist for buyers and developers
- Frequently asked questions
- Sources
For developers, buyers and their consultants, a register search is one of the cheapest pieces of due diligence on a Queensland site, and one of the most important. This guide explains what the two registers are, how to search them, what a listing means when you buy, sell, lease or develop, and how land comes off a register. It's based on the Environmental Protection Act 1994 (Qld), the Property Law Regulation 2024, the Planning Regulation 2017 and guidance from the Department of Environment, Tourism, Science and Innovation (DETSI), which keeps the registers.
EMR vs CLR: what's the difference?
| Environmental Management Register (EMR) | Contaminated Land Register (CLR) | |
|---|---|---|
| Listing test | A notifiable activity has been or is being carried out on the land, or the land is (or is reasonably suspected to be) contaminated (s 371) | The land is already on the EMR, is contaminated, and action is needed to remediate it to prevent serious environmental harm (s 372) |
| What it means | The land is likely to be contaminated. It doesn't mean it must be cleaned up or is unsuitable for its current use. | The land must be remediated |
| Title | Not noted on title | The Registrar of Titles is told within 5 business days of listing (s 379) |
| Selling | Seller must give the buyer written notice before the contract (s 408) | Same (s 408) |
| Leasing | No lessee notice duty | Existing and prospective lessees must be told (s 407) |
| Typical examples | Former service stations, fuel storage, livestock dips, landfills, timber treatment sites | Sites with contamination serious enough to need remediation |
Most listed sites are on the EMR, not the CLR. In DETSI's words, an EMR listing for a notifiable activity “is an indication that the land is likely to be contaminated but it does not mean it needs to be cleaned up or is not suitable for its current land use.”
Notifiable activities
Schedule 3 of the Environmental Protection Act lists 38 notifiable activities. Those most often found in Toowoomba and Darling Downs due diligence include:
- service stations
- petroleum product or oil storage, such as underground tanks over 200 litres
- livestock dip or spray race operations
- landfill
- wood treatment and preservation.
Rural and peri-urban land on the Downs often carries a history of dips, fuel storage or farm dumps, which is why a search matters even on greenfield sites.
How land gets listed
DETSI gives the owner a show cause notice and at least 20 business days to respond before listing (s 375). The decision notice goes to the owner and the local council, and for a CLR listing, any mortgagee. Owners can also ask for their own land to be listed.
How to search the EMR and CLR
The registers are public, and anyone can search them. Buyers, developers and their solicitors are the usual searchers.
| Search method | Fee per lot (2026-27) | Turnaround |
|---|---|---|
| Online by lot on plan, through the Queensland Government contaminated land search or CITEC Confirm | $61.05 | Emailed within one day, usually immediately |
| Other than online, for example land without a lot on plan such as a road reserve (form ESR/2015/1842, emailed to the registry) | $71.80 | The registry contacts you for payment, then replies |
Fees are set in fee units under the Environmental Protection Regulation 2019 and change every 1 July. The figures above apply from 1 July 2026. The fee is charged per lot, so a development site made up of several lots needs a search for each one.
What the search tells you, and what it doesn't
The result confirms whether the land is or isn't on either register. If it is, the result lists the contaminants and notifiable activities notified to DETSI, and includes a copy of any approved site management plan. It doesn't cover contamination or activities that haven't been notified to the department. A clear search isn't a clean bill of health. For development or a purchase with any history of fuel, chemicals, dips or fill, pair it with a site history review and, where warranted, a site investigation by a suitably qualified person.
What a listing means when you sell, buy or lease
The seller's notice under the Environmental Protection Act
Under s 408, the owner of land on the EMR or CLR must give a proposed buyer written notice of the listing, with details of any site management plan, before agreeing to sell. The same applies to land subject to a show cause notice, a site investigation or validation requirement, or certain related notices and orders. If the notice isn't given:
- the buyer can rescind by written notice before completion or possession, whichever comes first, and must be refunded
- if the owner gives a late notice, the buyer has 21 business days to rescind or is taken to have waived the right
- the maximum penalty is 50 penalty units.
These rights apply despite anything to the contrary in the contract.
Seller disclosure statements
Since 1 August 2025, Queensland's seller disclosure scheme under the Property Law Act 2023 has required the disclosure statement to say three things:
- whether the property is on the EMR
- whether it is on the CLR
- whether the seller must give the buyer a notice under s 408 (Property Law Regulation 2024, s 8(1)(g)).
A search certificate isn't required as an attachment, but DETSI points sellers to a register search to meet their obligations. The search is the easiest way to answer the question accurately.
Leasing CLR land
For land on the CLR, the owner must tell an existing lessee within 20 business days of the listing, and a prospective lessee before the lease is entered into (s 407). A lessee who isn't told may terminate the lease within 10 days of finding out.
What a listing means for development
A listing doesn't stop development, but it changes the approval path for some uses. Under the Planning Regulation 2017 (Schedule 10, Part 4), a material change of use is assessable development if all of these apply:
- all or part of the premises is on the EMR or CLR
- the premises aren't currently used for a sensitive land use
- the proposal involves a sensitive land use, such as a dwelling, multiple dwelling or childcare centre, or a commercial use with an accessible underground facility, such as a basement car park
- the register doesn't already state, through a site suitability statement, that the premises are suitable for the proposed use.
The assessment benchmark is whether the register states the premises are suitable for that use under a site suitability statement. In practice, a residential, childcare or basement-car-park project on listed land needs an investigation or validation report, prepared by a suitably qualified person and certified by an approved auditor, so the register records the land as suitable.
Two further points affect construction:
- Site management plans. If the land has an approved site management plan, the council must not approve development that would contravene it (s 406). Read the plan before you design.
- Moving soil. Removing soil from EMR or CLR land for treatment or disposal needs a soil disposal permit from DETSI. There's no application fee, properly submitted applications are decided within 10 business days, and the permit can't be amended. If the volume changes, you need a new permit. The Queensland waste levy applies to contaminated soil sent to landfill unless an exemption is granted.
Duties if you own or occupy the land
- Notifiable activities. An owner or occupier who becomes aware that a notifiable activity has been or is being carried out on the land must notify DETSI in writing within 20 business days (s 320DA). The maximum penalty is 500 penalty units.
- Hazardous contaminants. Becoming aware of a hazardous contaminant or a change in the land's condition triggers a 24-hour notice under the same section.
- Site management plans. DETSI can require a site management plan for listed land, and an approved plan is attached to the register.
Getting land off the register
Land comes off a register, or has its listing amended, through an investigation document submitted to DETSI. That's a site investigation report, validation report or draft site management plan (s 389). Each must be prepared by a suitably qualified person, include a site suitability statement, and be certified by an approved contaminated land auditor. It's lodged with DETSI's approved form (ESR/2023/6339).
| If the site suitability statement says the land is… | DETSI must… |
|---|---|
| Not contaminated and suitable for any use | Remove it from the register (s 381) |
| Suitable only for certain uses | Amend the listing to record the uses for which it is suitable |
DETSI aims to process reports within 20 business days, and the decision notice issues within 5 business days of the decision (s 385). The Registrar of Titles is told when land comes off the CLR. We found no prescribed fee for the submission.
Removal usually follows remediation: contaminated material is excavated and taken away, and the consultant validates the remaining soil against the agreed criteria.
Where Burke Industries fits
We don't prepare investigation reports or certify sites; that's the job of the suitably qualified person and the auditor. We do the physical remediation to their plan:
- excavating and segregating contaminated soil
- loading and transporting it under the soil disposal permit
- keeping excavations open until the consultant's validation sampling confirms the remaining soil meets the criteria.
Public contract records show Burke delivering contaminated soil removal for QBuild at Drillham State School ($327,250, December 2022) and in Dalby ($357,646, stage 1, October 2023). Because we also hold Class A asbestos removal licence 2302383, soil containing asbestos can be handled in the same works.
A due diligence checklist for buyers and developers
- Search the EMR and CLR for every lot ($61.05 each online in 2026-27).
- Check the seller's disclosure statement answers the EMR, CLR and s 408 questions, and that it matches your search.
- Review the site history for fuel, dips, fill and industrial uses, even if the search is clear.
- If the land is listed, get any site management plan and check it against your proposed use.
- For a sensitive use or basement on listed land, plan for an auditor-certified site suitability statement before lodging your development application.
- Build the soil disposal permit and the consultant's validation sampling into the construction program.
When the investigation is done and soil needs to come out, see our contaminated soil removal service in Toowoomba.
Frequently asked questions
How much does an EMR and CLR search cost in Queensland?
In 2026-27, a search costs $61.05 per lot online, or $71.80 per lot by other means, such as land without a lot on plan. Fees are set in fee units and change every 1 July. A site with several lots needs a search for each lot.
How long does an EMR search take?
Online searches by lot on plan are emailed back within one day, and usually immediately. Searches for land without a lot on plan are emailed to the registry on form ESR/2015/1842, and the registry contacts you for payment.
What does it mean if land is on the EMR?
A notifiable activity has been carried out on the land, or contamination is known or suspected. DETSI says an EMR listing indicates the land is likely to be contaminated, but doesn't mean it must be cleaned up or is unsuitable for its current use.
Can I sell land that is on the EMR or CLR?
Yes, but you must give the buyer written notice of the listing before the contract, under s 408 of the Environmental Protection Act. Since 1 August 2025, the seller disclosure statement must also say whether the property is on either register.
Can I develop land that is on the EMR?
Yes, but a material change of use to a sensitive use, such as housing or childcare, or a commercial use with a basement, becomes assessable development. Unless the register already records the land as suitable for that use, it's assessed against an auditor-certified site suitability statement.
How do I get land removed from the EMR?
Submit a site investigation or validation report, prepared by a suitably qualified person and certified by an approved auditor, with a site suitability statement. If it shows the land is not contaminated and suitable for any use, DETSI must remove it; otherwise it amends the listing.
Does a clear EMR search mean the land isn't contaminated?
No. The registers only show what has been notified to the department. Land with an unrecorded history of fuel storage, dips, fill or industrial use can still be contaminated, so pair the search with a site history review.
Get a site assessment for contaminated soil removal
Send us the EMR or CLR search result, your consultant's investigation report or remediation plan, and the extent of the works. We'll inspect the site and quote the excavation, segregation, transport under the soil disposal permit, and support for validation sampling.
Book a contaminated soil site assessmentOr see our contaminated soil removal in Toowoomba and the Darling Downs.
Sources
- Environmental Protection Act 1994 (Qld). (current in-force text, read 7 Oct 2026): s 320DA (20 business day and 24 hour notices), s 371 (EMR), s 372 (CLR), s 375 (show cause, at least 20 business days), s 379 (Registrar of Titles notified within 5 business days), ss 379A–379G (owner-requested listing), s 381 (removal or amendment), s 383 (site management plan on register), s 385 (decision notice), s 389 (investigation documents, site suitability statement, auditor certification), ss 391–399 (site management plans), s 406 (council must not approve contravening development), s 407 (lessees, CLR), s 408 (notice to buyer; rescission; 21 business days), Sch 3 (notifiable activities).
- DETSI: About the land registers. : the quote that an EMR listing “does not mean it needs to be cleaned up”.
- DETSI: Search the registers. : online by lot on plan, form ESR/2015/1842, results within one day and usually immediately, what results include.
- DETSI fees and services. : $61.05 online and $71.80 otherwise, per lot (EP Regulation 2019 Sch 15 Pt 3 item 15; 2026-27 fee unit).
- CITEC Confirm: Qld contaminated land search
- DETSI: Buying and selling land. : DETSI is the registry; register searches to meet Property Law Act 2023 and EP Act obligations.
- Property Law Regulation 2024. : s 8(1)(g), seller disclosure of EMR, CLR and s 408 notice (from 1 Aug 2025).
- Planning Regulation 2017. : Sch 10 Pt 4 (material change of use on EMR or CLR land), Sch 24 (sensitive land use).
- DETSI: Notifications. (forms ESR/2015/1845, ESR/2016/2230).
- DETSI: Changes to the registers. : form ESR/2023/6339, 20 business day processing aim.
- DETSI: Soil disposal permit. : no fee, 10 business days, can't be amended.
- . Burke contaminated soil contracts: Queensland open data contract disclosures (Energy and Public Works 2022-24; DHLGPPW 2024): Drillham SS ($327,250, Dec 2022); Dalby W/O 19375183 stage 1 ($357,646, Oct 2023).