Contaminated Sites Amendment Regulations (No. 2) 2022 (WA)
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ENVIRONMENT
EV3O1
Contaminated Sites Act 2003
Contaminated Sites Amendment Regulations
(No. 2) 2022
SL 2022/99
Made by the Governor in Executive Council.
1. Citation
These regulations are the Contaminated Sites Amendment
Regulations (No. 2) 2022.2. Commencement
These regulations come into operation as follows
(a) regulations 1 and 2 on the day on which these regulations are published in the Gazette; (b)
the rest of the regulations on 1 July 2022. 3. Regulations amended
These regulations amend the Contaminated Sites
Regulations 2006.4. Regulation 3 amended
(1) In regulation 3 insert in alphabetical order:
to in in regulation 59B. auditor insurance means insurance referred to in
regulation 59A;
supporting expert means a person with theoretical and
practical knowledge and skills that enable the person to
assist an auditor to carry out the functions of an
auditor;
supporting expert insurance means insurance referred
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(2) In regulation 3 in the definition of summary of records delete
"records." and insert:records; Note: The heading to amended regulation 3 is to read: Terms used
5. Regulation 32A inserted
At the end of Part 7 insert:
32A. Auditor must give supplementary information
(1) If the CEO is given a mandatory auditor's report under
the Act in respect of a site, the CEO may, by written
notice, require the auditor who prepared the report to
give any other information to the CEO that, in the
opinion of the CEO, is relevant to the audit of the site.(2) The written notice must state
(a) the required information; and (b) that the required information must be given (i) by the day (the due date) specified in the notice, which must not be less than 14 days after the day on which the notice is given to the auditor; or
(ii) if a later day is set by the CEO on request under subregulation (3) by the later day;
and
(c) that a failure to comply with the notice may constitute an offence.
(3) The CEO may, on request, set by written notice a day
after the due date as the day by which the required
information must be given.(4) The auditor must give the required information to the
CEO—
(a) by the due date; or (b)
if a later day is set under subregulation (3) by the later day.
Penalty for this subregulation: a fine of $1000.
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6. Regulation 35 amended
(1) Delete regulation 35(1) and insert:
(1) The CEO may call for applications from persons
seeking accreditation as contaminated sites auditors.(2) In regulation 3 5(2) delete "is to" and insert: must (3) After regulation 35(2) insert:
(3) The CEO must specify in the call for applications the
period during which an application must be made.Note: The heading to amended regulation 35 is to read: Call for applications
7. Regulation 36 amended
(1) Before regulation 36(1) insert: (1A) In this regulation
former auditor
(a) means a person whose accreditation under section 69 of the Act has ceased; but (b) does not include a person (i) whose application for renewal of accreditation as an auditor is refused
under regulation 45(2)(a), (b) or (c); or (ii) whose accreditation as an auditor is cancelled.
(2) In regulation 36(1):
(a) delete "is to -" and insert: must
(b) before paragraph (a) insert: (aa) if the applicant is not a former auditor be
made during a period specified under
regulation 35(3); and
17 June 2022 GOVERNMENT GAZETTE, WA 3351
(c) in paragraph (c) delete "item 4, unless regulation 37
applies." and insert:item 4.
(3) In regulation 36(2) delete "is to" and insert: must Note: The heading to amended regulation 36 is to read: Application for accreditation as contaminated sites auditor
8. Regulation 37 deleted
Delete regulation 37.9. Regulation 39 amended
(1) In regulation 39:
(a) delete "The CEO" and insert: (1) The CEO (b) delete paragraph (b) and insert:
(b) has access to supporting experts whose
assistance would be necessary for the person to
competently carry out the functions of an
auditor; and(c) delete paragraph (d) and insert:
(d) is covered by auditor insurance; and
(d) in paragraph (e) delete "auditor." and insert: auditor; and
(e) after paragraph (e) insert:
(f)
has paid to the CEO the fee set out in Schedule 2 item 5 for the term of the accreditation.
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(2) At the end of regulation 39 insert:
(2) If the CEO accredits a person as an auditor, the CEO must set the term of the accreditation, which must not be longer than 5 years. (3) The CEO must give to the auditor written notice
specifying the term set by the CEO.10. Regulation 40 replaced
Delete regulation 40 and insert:
40. Accreditation fee for persons accredited under Mutual Recognition Act 1992 (Commonwealth) Part 3
(1) A person accredited under the Mutual Recognition
Act 1992 (Commonwealth) Part 3 as an auditor must
not carry out a function as an auditor unless the person
has paid to the CEO the fee set out in Schedule 2
item 5 for the term of the accreditation.(2) If the person withdraws the notice given under the
Mutual Recognition Act 1992 (Commonwealth)
section 19 or is refused accreditation under
section 23(1) of that Act, the CEO may refund to the
person all or part of a fee paid under subregulation (1).
11. Regulation 43 deleted
Delete regulation 43.12. Regulation 44 amended
(1) Delete regulation 44(1) and insert:
(1) In this regulation
expiry day, in relation to an auditor, means the day on
which the auditor's term of accreditation expires;
renewal period, in relation to an auditor, means the
period of 70 days ending on expiry day.(1A) An auditor may apply to the CEO for renewal of
accreditation during the renewal period.
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(2) In regulation 44(2):
(a) delete "is to -" and insert: must
(b) delete paragraph (c) and insert:
(c)
specify the term of renewal sought, which must not be longer than 5 years; and
(d) if the application for renewal is made less than 35 days before expiry day be accompanied
by the late renewal application fee set out in
Schedule 2 item 5A.
(3) After regulation 44(3) insert:
(4) If an auditor applies under subregulation (1A) before
expiry day but the CEO does not give the auditor
notice of the CEO's decision on the application on or
before expiry day, the term of the auditor's
accreditation continues from expiry day until the day
on which the application is resolved.(5) A fee paid under subregulation (2)(d) is not refundable
regardless of whether the application is successful or
unsuccessful.13. Regulations 45 and 46 replaced
Delete regulations 45 and 46 and insert:
45. Renewal of accreditation
(1) In this regulation
corresponding person means a person under the law of
another Australian jurisdiction with functions that
correspond or substantially correspond to the CEO's
functions under the Act;
corresponding report means a report prepared under
the law of another Australian jurisdiction that
corresponds or substantially corresponds to a
mandatory auditor's report.
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(2) If an auditor applies for renewal of accreditation under
regulation 44, the CEO must renew the accreditation
if
(a) the CEO is satisfied that the auditor complies
with the requirements set out in
regulation 39(1)(a) to (e); and(b) the auditor has not been convicted of an offence
under section 11(3), 70(3), 71 or 74(2) of the
Act; and(c) the CEO does not consider it appropriate to
refuse to renew the accreditation because(i) a ground set out in regulation 48(2)(a) to (da) is made out in respect of the auditor; or
(ii) mandatory auditor's report to the CEO,
or a corresponding report to a
corresponding person, during thethe auditor has not provided a accreditation;
and
(d) the auditor has paid to the CEO the fee set out
in Schedule 2 item 5 for the term of the
accreditation.
(3) If the CEO renews the accreditation of an auditor under
subregulation (2), the CEO must set a new term of
accreditation, which must not be longer than 5 years.(4) The term set by the CEO begins on the day after the
day on which the auditor's most recent term of
accreditation expires.(5) The CEO must give to the auditor written notice
specifying the term set by the CEO. 46. Identity card must be returned if person ceases to
be accredited(1)
A person who ceases to be accredited as an auditor must return to the CEO the written authority given under section 70(1) of the Act.
Penalty for this subregulation: a fine of $1000. (2) However, subregulation (1) does not apply to a person
who is taken not to be accredited as an auditor under
regulation 51(1).
17 June 2022 GOVERNMENT GAZETTE, WA 3355 14. Part 9 Division 1A heading inserted
Before regulation 47 insert:
Division 1A - Disciplinary matters
15. Regulation 47 amended
(1) In regulation 47(1) delete "70," and insert: 70(3), (2) Delete regulation 47(2) to (4). Note: The heading to amended regulation 47 is to read: Cancellation of accreditation on conviction for offence
16. Regulation 48 amended
(1) Delete regulation 48(1) and insert:
(1) The CEO may by written notice, on a ground set out in
subregulation (2)
(a)
suspend the accreditation of an auditor for a fixed period specified in the notice; or
(b) cancel the accreditation of an auditor.
(2) In regulation 48(2):
(a) in paragraph (a) delete "regulations;" and insert: regulations, including regulation 32A(4), 57, 59A
or 5913;
(b) after paragraph (d) insert: (da) the auditor has failed to competently carry out
their functions as an auditor, including by
failing to obtain assistance from a supporting
expert in circumstances in which obtaining theassistance was necessary;
(db) the auditor is not covered by auditor insurance;
(c)
in paragraph (e) delete "meets the requirements of regulation 39." and insert:
complies with the requirements set out in
regulation 39(1).
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(3) Delete regulation 48(3) and (4). Note: The heading to amended regulation 48 is to read: Accreditation may be cancelled or suspended in other circumstances
17. Regulation 49 amended
(1) In regulation 49(1) delete "46," and insert: 45(2)(a), (b) or (c), (2) In regulation 49(3):
(a) delete "is not to" and insert: must not
(b) delete "46," and insert: 45(2)(a), (b) or (c),
(3) Delete regulation 49(5). 18. Regulation 50 amended
In regulation 50(2):
(a) delete "where -" and insert: if
(b) in paragraph (a) delete "70," and insert:
70(3), (c) delete paragraphs (b) and (c). 19. Regulations 52 and 53 replaced
Delete regulations 52 and 53 and insert:
52. No application for re-accreditation for 3 years
following refusal to renew or cancellationA person who is refused renewal of accreditation as an auditor under regulation 45(2)(b) or whose accreditation is cancelled under regulation 47(1) cannot apply for accreditation for 3 years after the refusal or cancellation.
17 June 2022 GOVERNMENT GAZETTE, WA 3357 20. Part 9 Division lB heading inserted
After regulation 54 insert:
Division I - Notification requirements
21. Regulation 55 amended
(1) In regulation 55(1):
(a) delete "is to notify the CEO in writing -" and insert: must notify the CEO in writing within 7 days
(b)
in paragraph (a) delete "regulation 39; or" and insert: regulation 39(1); or
(c) delete paragraph (d) and insert:
(d)
in the case of an auditor who satisfies the CEO that the auditor has access to a supporting expert if the auditor no longer has access to the expert.
(d) delete "within 7 days after the day on which the change
occurs.".
(2) At the end of regulation 55(1) insert:
Penalty for this subregulation: a fine of $1000.
(3) In regulation 55(2) delete "is to" and insert: must (4) At the end of regulation 55(2) insert: Penalty for this subregulation: a fine of $1000.
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(5) Delete regulation 55(3) and (4) and insert:
(3) An auditor must, within 7 days after the day on which
the auditor is engaged to provide a mandatory auditor's
report, give to the CEO a written notice
(a)
stating that the auditor has been engaged to provide a report; and
(b)
containing a description of the location and extent of the site in respect of which the auditor has been engaged to provide the report, sufficient to identify it; and
(c)
containing the name of the person who engaged the auditor to provide the report.
Penalty for this subregulation: a fine of $1000.
(6) At the end of regulation 55 delete the Penalty. Note: The heading to amended regulation 55 is to read: Auditor must notify CEO in certain circumstances
22. Regulation 56 replaced
Delete regulation 56 and insert:
56. Auditor must notify CEO if insurance not
maintained(1) If an auditor ceases to be covered by auditor insurance,
the auditor must, as soon as possible after the auditor
becomes aware that they have ceased to be covered by
the insurance, give written notice to the CEO stating
(a) that the auditor is no longer covered by the
insurance; and
(b)
the day on which the auditor ceased to be covered by the insurance.
Penalty for this subregulation: a fine of $1000.
(2) If an auditor carries out a function as an auditor in
reliance on assistance provided by a supporting expert
and the auditor becomes aware that the expert is not
covered by supporting expert insurance, the auditor
must give written notice to the CEO as soon as
possible.
Penalty for this subregulation: a fine of $1000.
17 June 2022 GOVERNMENT GAZETTE, WA 3359 23. Regulation 59 amended
In regulation 59 delete "may" and insert:
must
Note: The heading to amended regulation 59 is to read:
Title of auditor must be used only when carrying out functions of auditor
24. Regulations 59A to 59C inserted
After regulation 59 insert:
59A. Auditor must have insurance
An auditor must not carry out a function as an auditor unless the auditor is covered by insurance
(a) for the auditor's civil liability for anything done or omitted in relation to carrying out the function; and (b) against which a claim is able to be made (i) while the person is an auditor; and for at least 7 years after the person ceases to be an auditor;
and
(c) that provides cover of not less than $5 000 000 for a claim.
Penalty: a fine of $1000.
59B. Supporting expert must have insurance An auditor must not carry out a function as an auditor
in reliance on assistance from a supporting expert unless the supporting expert is covered by insurance (a) that is in effect in respect of the expert's civil liability for anything done or omitted in relation to providing the assistance; and (b) that provides cover of not less than $5 000 000 for a claim.
Penalty: a fine of $1000.
59C. Auditor must submit annual reports (1)
Before the end of February each year, an auditor must submit a written report in a form approved by the CEO setting out the following information in relation to the previous calendar year
(a)
details of each audit carried out by the auditor, regardless of whether the audit was completed;
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(b)
details of each supporting expert that provided assistance to the auditor and the assistance provided;
(c) details of the auditor's auditor insurance; (d)
any other information relevant to establishing the risk to public health and the environment from the functions carried out by the auditor.
Penalty for this subregulation: a fine of $1 000.
(2) The report must be accompanied by a certificate of
currency for the auditor's auditor insurance.
Penalty for this subregulation: a fine of $1 000.
25. Regulation 62A inserted
At the beginning of Part 10 insert:
62A. Approved forms must be published on website The CEO must ensure that —
(a) a form approved by the CEO under regulation 36(1)(a), 44(2)(a) or 59C(1) is published on a website maintained by or on behalf of the Department; and (b) a form approved by the committee under regulation 24(1) is published on a website maintained by or on behalf of the committee.
26. Schedule 2 amended
In Schedule 2:
(a) in item 4 delete "(other than auditor accredited under
r. 37)"; (b) in item 5 delete "r. 40 and r. 45" and insert: r. 39(1)(1), 40(1) and 45(2)(d)
(c) after item 5 insert:
5A. Late renewal application fee r. 44(2)(d) 10 V. MOLAN, Clerk of the Executive Council.
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