CONTAMINATED LAND MANAGEMENT ACT 1997 - SECT 56
Revocation, suspension or refusal to renew accreditation
CONTAMINATED LAND MANAGEMENT ACT 1997 - SECT 56
Revocation, suspension or refusal to renew accreditation
56 Revocation, suspension or refusal to renew accreditation
(1) The EPA may, by notice in writing given to a site auditor, suspend, revoke
or refuse to renew the site auditor's accreditation if it is of the opinion
that one or more of the following grounds exist--
(a) the site auditor no
longer satisfies the requirements of the guidelines in relation to eligibility
for accreditation as a site auditor,
(iii) a condition to which the accreditation is subject, or
(iv) a direction given to the site auditor by the EPA under this Part,
(c)
the site auditor is not carrying out sufficient bona fide site audits to
justify continued accreditation,
(d) the site auditor's
accreditation in another jurisdiction has been changed because of conduct that
would (if it occurred in New South Wales) authorise revocation or suspension
of the person's accreditation under this Act,
Note : Section 33 of the
Mutual Recognition Act 1992 of the Commonwealth states that if a person's
registration in an occupation in a State is cancelled, suspended or subject to
a condition in relation to criminal, civil or disciplinary proceedings, then
the person's registration in the equivalent occupation in another State is
affected in the same way. See also section 32 of the
Trans-Tasman Mutual Recognition Act 1997 of the Commonwealth which has a
similar provision in relation to disciplinary proceedings occurring in New
Zealand.
(e) the site auditor provided false or misleading information in
connection with an application for accreditation or renewal of accreditation,
(f) the site auditor fails to pay an accreditation fee within the time
determined by the EPA, or such further time as the EPA may allow,
(g) any
other ground prescribed by the regulations,
(h) the action is justified
having regard to--
(i) the quality of the site auditor's work in relation to
site audits in recent accreditation periods, or
(ii) any formal or informal
disciplinary action taken against the site auditor under this Act, or
(iii)
any other matter that the EPA considers to be relevant to the site auditor's
suitability for accreditation.
(2) A suspension of accreditation may be for a
specified period, until completion of specified conditions, or until further
notice by the EPA.
(3) If a site auditor's accreditation is suspended until
the fulfilment of specified conditions, the EPA must give the site auditor
notice in writing that the accreditation is reinstated as soon as practicable
after it is satisfied that the specified conditions have been fulfilled.
(4)
A suspension of accreditation has effect--
(a) for the period specified in the
notice effecting the suspension, or
(b) if no period is specified in the
notice, or if accreditation is suspended until the fulfilment of specified
conditions, for the period--
(i) commencing on the date specified in the
notice or on the date on which it is given to the site auditor, whichever is
the later, and
(ii) finishing on the date the EPA gives the site auditor
notice in writing that the site auditor's accreditation is reinstated or
revoked.
(5) An accreditation is taken not to be in force during the period
in which a suspension has effect.
(6) A revocation of accreditation takes
effect on the date specified in the notice given by the EPA or on the date on
which it is given to the site auditor, whichever is the later.
(7) The EPA
may revoke an accreditation that is suspended.
(8) The EPA must not suspend,
revoke or refuse to renew accreditation on a ground specified in this section
unless before doing so--
(a) it has given notice in writing to the
site auditor that it intends to do so, and
(b) it has specified in that
notice the reasons for its intention to do so, and
(c) it has given the
site auditor a reasonable opportunity to make submissions in relation to the
proposed revocation, suspension or refusal to renew, and
(d) it has taken
into consideration any submissions made by the site auditor.
(9) In this
section--
"accreditation in another jurisdiction" includes the appointment,
registration, licensing, approval, admission, certification (including by way
of practising certificates), or any other form of authorisation, of a person
required by or under legislation of another jurisdiction for the carrying out
of audits relating to the actual or possible contamination of land.
