Western Australian Current Regulations

CONTAMINATED SITES REGULATIONS 2006

TABLE OF PROVISIONS

   PART 1 -- Preliminary  

   1.      Citation  
   2.      Commencement  
   3.      Terms used  
   4.      Fees  
   5.      Land, water and sites that are not contaminated -- section 4(2)

   PART 2 -- Reporting of known, or suspected, contaminated sites  

   6.      Report of known, or suspected, contaminated site -- Form

   PART 3 -- Public access to information and documents  

   7.      Interpretation  
   8.      Request for access to a summary of records -- Form  
   9.      Basic summary of records  
   10.     Detailed summary of records  
   11.     Inspection of records referred to in detailed summary of records  
   12.     Land not part of classified site

   PART 4 -- Contaminated Sites Committee  

   13.     Establishment of committee or replacement of member  
   14.     Term of office of members of the committee  
   16.     Panel of names -- section 33(3)  
           17. Provisions about panel of names  
   18.     Chairperson of committee  
   19.     Persons not eligible to be appointed to committee  
   20.     Removal or resignation of member from committee  
   21.     Conflict of interest

   PART 5 -- Decisions as to responsibility for remediation  

   22.     Interpretation  
   23.     Interested person -- section 36(3)  
           24. Request for decision as to responsibility for remediation  
   25.     Requirement to provide information to committee  
   26.     Facts and circumstances to be taken into account by the committee in making a decision as to responsibility for remediation  
   27.     Time within which decision to be made  
   28.     Land owner’s responsibility for remediation -- section 27(3)

   PART 6 -- Certificates of contamination audit  

   29.     Request for certificate of contamination audit -- Form  
   30.     Certificate of contamination audit -- Form 4

   PART 7 -- Mandatory auditor’s reports  

   31.     When mandatory auditor’s reports are required  
   32.     Mandatory auditor’s report -- section 73  
           32A. Auditor must give supplementary information

   PART 8 -- Disclosure statements  

   33.     Disclosure statement under section 64 -- Form  
   34.     Disclosure to potential owners -- Form 6

   PART 9 -- Auditors

           Division 1 -- Accreditation of auditors  

   35.     Call for applications  
   36.     Application for accreditation as contaminated sites auditor  
   38.     Auditors to be individuals  
   39.     Accreditation  
   40.     Accreditation fee for persons accredited under Mutual Recognition Act 1992 (Commonwealth) PART 3  
   41.     Selection panel  
   42.     Conditions on accreditation  
   44.     Application for renewal of accreditation  
   45.     Renewal of accreditation  
   46.     Identity card must be returned if person ceases to be accredited

           Division 1A -- Disciplinary matters  

   47.     Cancellation of accreditation on conviction for offence  
   48.     Accreditation may be cancelled or suspended in other circumstances  
   49.     Notice of proposed cancellation, suspension or refusal to renew accreditation  
   50.     Suspension of accreditation while decision is made  
   51.     Effect of suspension  
   52.     No application for re‑accreditation for 3 years following refusal to renew or cancellation  
   54.     No refund of accreditation fee on cancellation or suspension

           Division 1B -- Notification requirements  

   55.     Auditor must notify CEO in certain circumstances  
   56.     Auditor must notify CEO if insurance not maintained

           Division 2 -- Functions of auditors  

   57.     Mandatory auditor’s reports to be provided to CEO  
   58.     Functions of auditors  
   59.     Title of auditor must be used only when carrying out functions of auditor  
   59A.    Auditor must have insurance  
   59B.    Supporting expert must have insurance  
   59C.    Auditor must submit annual reports  
   60.     Auditors to take guidelines into account  
   61.     Code of conduct -- Schedule 3  
   62.     Conflict of interest

   PART 10 -- Miscellaneous  

   62A.    Approved forms must be published on website  
   63.     Transfer of responsibility for remediation to the State -- section 30(1)(b)  
           64. Prescribed rates of interest -- sections 54(3), 55(1) and (2) and 56(1)  
           65. Appeal to the committee referred to in section 79(1)  
           66. Publication of decision of appeal under the Act PART 8 -- section 83(2)
           SCHEDULE 1 -- Forms
           SCHEDULE 2 -- Fees
           SCHEDULE 3 -- Code of conduct for auditors