The Gold Coast City Council has recently introduced new local laws requiring sellers of land near waterways to include a clause in the contract drawing the buyer’s attention to their obligation as owner to repair and maintain works such as revetment walls, pontoons and jetties.

The new laws apply to works in all types of waterways on the Gold Coast including tidal and non-tidal waterways, lakes, artificial waterways, drains and channels.

An owner of land may also be responsible for works outside the boundaries of their property.

If the seller has not included the above clause in the contract, the buyer may terminate. The new laws impose a significant contractual responsibility upon sellers of land near waterways.