Contaminated Land Management Act 1997 Contaminated Land Management (Site Auditors) Regulation 1998 (1998-249) [GG No 79 of 15.5.1998, p 3370] (NSW)
1998 No 249
New South Wales
Contaminated Land Management
(Site Auditors) Regulation 1998
under the
Contaminated Land Management Act 1997
His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the ContaminatedLand Management Act 1997.
PAM ALLAN, M.P.,
Minister for the Environment
Explanatory note
The object of this Regulation is to prescribe for the purposes of Part 4 of the
Contaminated Land Management Act 1997:
(a) the amounts payable under the Act as fees in connection with accreditation as a site auditor, and (b ) the time within which application must be made for renewal of such accreditation, and ( c ) the content of site auditors' annual returns and the form and content of site audit statements, and ( d ) an additional ground on which accreditation as a site auditor may be revoked. This Regulation is made under the provisions of Part 4 of the Act (specifically sections 49, 50, 53 and 56) and under the general regulation-making power (section 112).
1998 No 249
Contaminated Land Management (Site Auditors) Regulation 1998
Contents
Contents
Page
1 Name of Regulation 2 2 Commencement 2 3 Definition 2 4 Notes 2
5 Accreditation fees 2
6 Time for making renewal applications 3 7 Particulars to be included in annual returns 3 8 Form of site audit statement 3 9 Additional ground for revocation of accreditation 4 Schedule 1 Forms 5
1998 No 249
Contaminated Land Management (Site Auditors) Regulation 1998 Clause 1 Contaminated Land Management (Site Auditors)
Regulation 1998
1 Name of Regulation
This Regulation is the Contaminated Land Management (Site
Auditors) Regulation 1998.
2 Commencement
This Regulation commences on 1 June 1998.
3 Definition
In this Regulation:
the Act means the Contaminated Land Management Act 1997.
4 Notes
The explanatory note and table of contents do not form part of this Regulation.
5 Accreditation fees
(1) For the purposes of section 49 ( 1 ) (c) of the Act, the prescribed
application fee is $285.(2) For the purposes of section 50 ( 1 ) and (4) (d) of the Act, the
prescribed annual accreditation fee is as follows:
(a )
for accreditation granted during the first year following commencement of this Regulation—$1400,
(b)
for accreditation granted or renewed during the second year following commencement of this Regulation—$1900,
(c)
for accreditation granted or renewed during the third year following commencement of this Regulation—$2400,
( d )
for accreditation granted or renewed during the fourth year following commencement of this Regulation—$2900,
1998 No 249
| Clause 5 | Contaminated Land Management (Site Auditors) Regulation 1998 |
(e)
for accreditation granted or renewed during the fifth or any subsequent year following commencement of this Regulation—$3500.
6 Time for making renewal applications
For the purposes of section 50 (3) of the Act, an application for renewal must be made not more than 60 days and not less than 30 days before expiry of the current accreditation period.
Particulars to be included in annual returns
For the purposes of section 53 (2) of the Act, the prescribed particulars to be included in an annual return are the following particulars of each site audit as at the date of completion of the audit (or if the audit is not complete, as at the date of the annual return):
the location of the site (including Lot and DP numbers,
street address, suburb and local government area),
the size of the site, its land zoning under the
Environmental Planning and Assessment Act 1979 and (if
a change in zoning is proposed) its proposed zoning,
the date when the auditor received the request,
the date of commencement of the audit,
the date or expected date of completion of the audit,
the use or uses of the site that have given rise to the
contimatination for which remedial action was carried out,
the current use to which the site is being put and any
proposed uses,the auditor’s opinion as to the suitability of the site for the
current and proposed uses,
the name of the person who carried out the remedial work
that was reviewed or is being reviewed by the auditor and
the titles of the reports (if any) by that person that were or
are being reviewed.1998 No 249
Contaminated Land Management (Site Auditors) Regulation 1998 Clause 8 8 Form of site audit statement A site audit statement is to be prepared using Form 1 in
Schedule 1.9 Additional ground for revocation of accreditation
For the purposes of section 56 (1) ( e ) of the Act, the repeated failure by a site auditor to comply with the guidelines made or approved by the EPA under the Act or other lawful directions given by the EPA in relation to his or her activities as a site auditor is prescribed as a ground for revocation of the site auditor's accreditation.
1998 No 249
Contaminated Land Management (Site Auditors) Regulation 1998
| Schedule 1 | Forms |
| Schedule1 | Forms |
(Clause 8 )
| Form 1 | NSW Environment ProtectionAuthority Site Audit Statement |
Site Audit Statement No: .......................................
Site Auditor (accredited under Contaminated Land Management Act 1 9 9 ) :
| Name: ............................................. | Company: ............................................. |
| Address: .................................................................... | Postcode: ......................... |
| Phone: ................................. | Fax: ................................ |
| Site details: |
Address: .........................................................................................................
.................................................................... Postcode: .........................
L o t and DP number: ........................................................................................
Local government area: ....................................................................................
Site audit requested by:
| Name: ............................................. | Company: ............................................. |
| Address: .................................................................... | Postcode: ......................... |
| Phone: ................................. | Fax: ................................ |
Name of Contact Person (if different from above):
......................................................................................................................
Consultancy(ies) who conducted the site investigation(s) and/or remediation:
....................................................................................................................
| ...................................................................................................................... Title(s) of peport(s) reviewed: |
| ...................................................................................................................... ...................................................................................................................... ...................................................................................................................... |
| ...................................................................................................................... ...................................................................................................................... |
1998 No 249
Contaminated Land Management (Site Auditors) Regulation 1998
Forms Schedule 1 Other information reviewed: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.......................................................................................................................
.......................................................................................................................
Summary Site Audit Report title:
.......................................................................................................................
................................................................................ Date: .................................... I have completed a site audit (as defined in the Contaminated Land Management Act 1997) and reviewed the reports and information referred to above with due regard to laws and guidelines. I certify that the site (tick all appropriate boxes):
(a) is suitable for the following use(s):
residential, including substantial vegetable garden and poultry; residential. including substantial vegetable garden excluding poultry; [ ] residential with accessible soil, including garden (minimal home-grown produce contributing less than 10% fruit and vegetable intake) excluding poultry; residential with minimal opportunity for soil access, including units; daycare centre, preschool, primary school; secondary school; park. recreational open space, playing field; commercial/industrial use; other (please specify): ................................................................... i
subject to
[ ] condition(s) (please specify): ...................................................... ...............................................................................................
...............................................................................................
(b) is not suitable for any beneficial use due to risk of harm from contamination.
[ ] (comments): .................................................................................
.................................................................................................
I am accredited by the NSW Environment Protection Authority under the Contaminated
Land Management Act 1997 as a site auditor (Accreditation Number: ............................).
I certify that:
( a ) I have personally examined and am familiar with the information contained in this statement, including the reports and information referred to in this statement,
and( b )
this statement is to the best of my knowledge and belief, true, accurate and complete. and
1998 No 249
Contaminated Land Management (Site Auditors) Regulation 1998
| Schedule 1 | Forms |
| (c) | on the basis of my inquiries made to those individuals immediately responsible for making the reports, and obtaining the information, referred to in this statement, those reports and that information are, to the best of my knowledge and belief, true, accurate and complete. |
I am aware that there are penalties for wilfully submitting false, inaccurate or incomplete information.
Signed: .................................................... Date: ..............................
0
0
0