Site contamination audit system
Amendments to the Environment Protection Act 1993 assented on 1 November 2007 provide for the establishment of a statutory site contamination audit system and the ability of the EPA to accredit site contamination auditors. Auditor accreditation and the audit system are also controlled through the Environment Protection (Site Contamination) Regulations 2008.
Relevant provisions of the legislation enabling the auditor accreditation process to be initiated commenced on 20 November 2008. Guidelines required to support the audit system have been prepared. It is expected the EPA will commence advertising for auditor applications in January 2009.
In the interim, until the full provisions of the new legislation come into effect, site contamination auditors have been accredited and the site contamination audit system is fully operational, the EPA will continue to recognise Victorian appointed environmental auditors (contaminated land).
Progression to site contamination audit system
From mid 2009, the EPA will only accept site contamination audit reports prepared in accordance with the EP Act by a site contamination auditor accredited pursuant to the Act. The EPA will also only accept notifications of commencement of a site contamination audit in accordance with the legislation.
Any current audits being carried out in South Australia under the Victorian audit system will be required to be terminated and recommenced in accordance with the site contamination provisions of the EP Act and the Environment Protection (Site Contamination) Regulations 2008, when the new legislation commences.
If an audit which is currently in progress is unable or unlikely to be completed prior to July 2009, then the EPA expects auditors in these situations will, at that time, formally advise the EPA of the termination of the old audit, stating the reason for the termination.
In order to commence a site contamination audit of the site under the new audit system, it will be incumbent on auditors to ensure they first apply for and obtain accreditation as a site contamination auditor pursuant to the EP Act.
Once accredited, it will then be necessary to provide the EPA with a notification of audit commencement in accordance with section 103Z(1) of the EP Act. The result of this audit will be a site contamination audit report, to be prepared in accordance with the EP Act, the Regulations and relevant guidelines issued by the EPA.
Interim use of Environmental Auditors (Contaminated Land)
In October 1995, the EPA endorsed the use of environmental auditors (contaminated land), appointed by the Victorian EPA, as appropriate persons to undertake audits in South Australia and provide the expert opinion on the suitability of a site for a sensitive land use.
A list of Environmental
Auditors (Contaminated Land), currently appointed by the Victorian
EPA, can be viewed from the Victorian
EPA web site.
When to use an auditor
Environmental Auditors should be used to assess the suitability
of a site for a proposed sensitive use where site contamination
exists or a potentially contaminating activity has occurred. A
'sensitive land use', in relation to site contamination, means:
- use for residential purposes (including all forms of residential
use including medium and high-density developments, retirement
villages)
- preschools (including childcare centres)
- primary schools.
The EPA also recommends that an independent audit may be appropriate
where there are complex site contamination issues, including where
these may impact outside the boundaries of a site.
A report issued by a site contamination
consultant is not considered to be acceptable to determine the suitability of land for a sensitive use where site contamination is suspected or known to exist at a site. In these instances, the EPA expects the use of an independent auditor to independently review the work undertaken by the site contamination consultant and provide an expert opinion on the suitability of the site for its intended use.
The use of auditors is supported in the Planning
Advisory Notice 20/02 - Site Contamination (December 2001).
The decision regarding the need to undertake an audit is the responsibility
of the relevant planning authority
and this decision should be made taking into account the Planning
Advisory Notice 20, Site Contamination.
When to engage an auditor
It is recommended that where an audit is to be carried out that
the auditor be engaged at the very beginning. The auditor should
be able to assist their client in liaising with a consultant to
ensure that the work of the consultant will meet audit requirements.
It is important to note however, that an auditor undertakes an
independent audit and must remain independent of the site contamination
consultant and contractor.
Role of an auditor
There is a clear distinction between the roles of an auditor and site contamination consultant.
The integrity of the audit system depends on the independence
and integrity of the auditor.
The role of the auditor includes to:
- review any assessment or remediation undertaken by environmental
consultants
- evaluate the adequacy of the available information about
the condition of the site
- if necessary, seek further information about the condition
of the site
- make an independent assessment and provide an opinion of the
condition of the site and its suitability for the proposed use.
Auditors undertaking audits in South Australia are expected to
comply with guidelines issued and approved by the Victorian
EPA as well as take into account relevant South Australian
legislation, policies and guidelines. The SA EPA is currently
developing legislation and guidelines that, while taking into
account national and other jurisdictional practice, are based
on consistency with Victorian practice, which is considered by
the EPA as national best practice in this regard.
Outcomes of an audit
The outcome of an independent audit is a Site Audit Report issued and personally signed by the auditor, a copy of which is provided to the EPA, the relevant planning authority and the client. The report provides the auditor's expert opinion on the environmental condition of the site, the suitability of a site for a proposed use and any conditions that need to be implemented and maintained to facilitate that use. The audit report documents an opinion, on which others can rely, regarding the suitability of the site for future use.
The auditor's opinion is expected to be relied upon by planning authorities in allowing such a use and fulfilling their own obligations to ensure that the site is suitable for the intended use. Developers, owners/occupiers and members of the public also rely upon the auditor's opinion regarding the environmental condition of a site and its suitability for use.
This page was last modified 16-12-2008
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