(1)  In this regulation –

petroleum-related pollutant includes petroleum, a pollutant originating from petroleum and a pollutant produced when petroleum undergoes degradation.

(2)  For the purposes of these regulations, an environmental site assessment is an assessment of a parcel of land that is, or is likely to be, contaminated by a petroleum-related pollutant to determine –

(a) the type or types of petroleum-related pollutant concerned; and

(b) the source of the petroleum-related pollutant; and

(c) the spatial extent and magnitude of the petroleum-related pollutant, including whether the petroleum-related pollutant may have escaped from the parcel of land and whether the petroleum-related pollutant is affecting other land, a watercourse or body of water (including groundwater); and

(d) the level of risk to human health, and to the environment, associated with the petroleum-related pollutant; and

(e) whether further actions are required to limit the extent of the pollutant and the period within which these actions should be performed; and

(f) whether part or all of the parcel of land, or land in the vicinity of the parcel of land, is a contaminated site.

(3)  An infrastructure owner of a storage system who is required under these regulations to commence an environmental site assessment must ensure that –

(a) the person who carries out the assessment gives to an infrastructure owner of the storage system, within 4 months after the environmental site assessment is commenced, a report (an environmental site assessment report ) in relation to all the matters specified in subregulation (2) ; and

(b) the environmental site assessment is managed, and the environmental site assessment report is prepared, by a suitably qualified person; and

(c) the environmental site assessment is carried out and the environmental site assessment report is prepared –

(i) in accordance with the National Environment Protection (Assessment of Site Contamination) Measure 1999 , made on 10 December 1999 by the National Environment Protection Council under the National Environment Protection Council Act 1994 of the Commonwealth, as amended or substituted from time to time; and

(ii) if there are any EPA guidelines in relation to the environmental site assessment or the environmental site assessment report, in accordance with those EPA guidelines.

Penalty:  Fine not exceeding 100 penalty units.