South Australian Current Acts

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ENVIRONMENT PROTECTION ACT 1993 - SECT 103X

103X—Conflict of interest and honesty

        (1)         This section applies to—

            (a)         a site contamination auditor; or

            (b)         a person who carries out a site contamination audit on behalf of another through the instrumentality of a site contamination auditor.

        (2)         A person to whom this section applies must not, unless authorised by the Authority in writing, carry out a site contamination audit of a site

            (a)         if the person is an associate of another person by whom any part of the site is owned or occupied; or

            (b)         if the person has a direct or indirect pecuniary or personal interest in any part of the site or any activity that has taken place or is to take place at the site or part of the site; or

            (c)         if the person has been involved in, or is an associate of another person who has been involved in, assessment or remediation of site contamination at the site; or

            (d)         on the instructions of, or under a contract with, a site contamination consultant who has been involved in the assessment of site contamination at the site.

Maximum penalty: $4 000 or imprisonment for 1 year.

        (3)         A person to whom this section applies must not, in or in relation to a site contamination audit, site contamination audit report or site contamination audit statement, make a statement that the person knows to be false or misleading in a material particular (whether by reason of the inclusion or omission of any particular).

Maximum penalty:

            (a)         in the case of a body corporate—$60 000;

            (b)         in the case of a natural person—$30 000 or imprisonment for 1 year.



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