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CONTAMINATED SITES REGULATIONS 2006

Table of Provisions

PART 1 -- Preliminary  

  • 1 Citation  
  • 2 Commencement  
  • 3 Terms used  
  • 4 Fees  
  • 5 Land, water and sites that are not contaminated -- section 4(2)

PART 2 -- Reporting of known, or suspected, contaminated sites  

  • 6 Report of known, or suspected, contaminated site -- Form

PART 3 -- Public access to information and documents  

  • 7 Interpretation  
  • 8 Request for access to a summary of records -- Form  
  • 9 Basic summary of records  
  • 10 Detailed summary of records  
  • 11 Inspection of records referred to in detailed summary of records  
  • 12 Land not part of classified site

PART 4 -- Contaminated Sites Committee  

  • 13 Establishment of committee or replacement of member  
  • 14 Term of office of members of the committee  
  • 16 Panel of names -- section 33(3)  
  • 17. Provisions about panel of names  
  • 18 Chairperson of committee  
  • 19 Persons not eligible to be appointed to committee  
  • 20 Removal or resignation of member from committee  
  • 21 Conflict of interest

PART 5 -- Decisions as to responsibility for remediation  

  • 22 Interpretation  
  • 23 Interested person -- section 36(3)  
  • 24. Request for decision as to responsibility for remediation  
  • 25 Requirement to provide information to committee  
  • 26 Facts and circumstances to be taken into account by the committee in making a decision as to responsibility for remediation  
  • 27 Time within which decision to be made  
  • 28 Land owner’s responsibility for remediation -- section 27(3)

PART 6 -- Certificates of contamination audit  

  • 29 Request for certificate of contamination audit -- Form  
  • 30 Certificate of contamination audit -- Form 4

PART 7 -- Mandatory auditor’s reports  

  • 31 When mandatory auditor’s reports are required  
  • 32 Mandatory auditor’s report -- section 73  
  • 32A. Auditor must give supplementary information

PART 8 -- Disclosure statements  

  • 33 Disclosure statement under section 64 -- Form  
  • 34 Disclosure to potential owners -- Form 6

PART 9 -- Auditors

Division 1 -- Accreditation of auditors  

  • 35 Call for applications  
  • 36 Application for accreditation as contaminated sites auditor  
  • 38 Auditors to be individuals  
  • 39 Accreditation  
  • 40 Accreditation fee for persons accredited under Mutual Recognition Act 1992 (Commonwealth) PART 3  
  • 41 Selection panel  
  • 42 Conditions on accreditation  
  • 44 Application for renewal of accreditation  
  • 45 Renewal of accreditation  
  • 46 Identity card must be returned if person ceases to be accredited

Division 1A -- Disciplinary matters  

  • 47 Cancellation of accreditation on conviction for offence  
  • 48 Accreditation may be cancelled or suspended in other circumstances  
  • 49 Notice of proposed cancellation, suspension or refusal to renew accreditation  
  • 50 Suspension of accreditation while decision is made  
  • 51 Effect of suspension  
  • 52 No application for re‑accreditation for 3 years following refusal to renew or cancellation  
  • 54 No refund of accreditation fee on cancellation or suspension

Division 1B -- Notification requirements  

  • 55 Auditor must notify CEO in certain circumstances  
  • 56 Auditor must notify CEO if insurance not maintained

Division 2 -- Functions of auditors  

  • 57 Mandatory auditor’s reports to be provided to CEO  
  • 58 Functions of auditors  
  • 59 Title of auditor must be used only when carrying out functions of auditor  
  • 59A Auditor must have insurance  
  • 59B Supporting expert must have insurance  
  • 59C Auditor must submit annual reports  
  • 60 Auditors to take guidelines into account  
  • 61 Code of conduct -- Schedule 3  
  • 62 Conflict of interest

PART 10 -- Miscellaneous  

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