Contaminated Sites Regulations 2006 (WA)

Western Australia Contaminated Sites Act 2003 Contaminated Sites Regulations 2006 Western Australia Contaminated Sites Regulations 2006 Contents Part 1 — Preliminary 1. Citation 1 2. Commencement 1 3. Terms used 1 4. Fees 2 5. Land, water and sites that are not contaminated — section 4(2) 3 Part 2 — Reporting of known, or suspected, contaminated sites 6. Report of known, or suspected, contaminated site — Form 1 5 Part 3 — Public access to information and documents 7. Interpretation 6 8. Request for access to a summary of records — Form 2 6 9. Basic summary of records 6 10. Detailed summary of records 7 11. Inspection of records referred to in detailed summary of records 8 12. Land not part of classified site 9 Part 4 — Contaminated Sites Committee 13. Establishment of committee or replacement of member 10 14. Term of office of members of the committee 10 16. Panel of names — section 33(3) 11 17. Provisions about panel of names 11 18. Chairperson of committee 12 19. Persons not eligible to be appointed to committee 12 20. Removal or resignation of member from committee 12 21. Conflict of interest 13 Part 5 — Decisions as to responsibility for remediation 22. Interpretation 14 23. Interested person — section 36(3) 14 24. Request for decision as to responsibility for remediation 15 25. Requirement to provide information to committee 16 26. Facts and circumstances to be taken into account by the committee in making a decision as to responsibility for remediation 17 27. Time within which decision to be made 18 28. Land owner's responsibility for remediation — section 27(3) 18 Part 6 — Certificates of contamination audit 29. Request for certificate of contamination audit — Form 3 19 30. Certificate of contamination audit — Form 4 19 Part 7 — Mandatory auditor's reports 31. When mandatory auditor's reports are required 20 32. Mandatory auditor's report — section 73 21 32A. Auditor must give supplementary information 22 Part 8 — Disclosure statements 33. Disclosure statement under section 64 — Form 5 24 34. Disclosure to potential owners — Form 6 26 Part 9 — Auditors Division 1 — Accreditation of auditors 35. Call for applications 27 36. Application for accreditation as contaminated sites auditor 27 38. Auditors to be individuals 28 39. Accreditation 28 40. Accreditation fee for persons accredited under Mutual Recognition Act 1992 (Commonwealth) Part 3 29 41. Selection panel 30 42. Conditions on accreditation 30 44. Application for renewal of accreditation 30 45. Renewal of accreditation 31 46. Identity card must be returned if person ceases to be accredited 32 Division 1A — Disciplinary matters 47. Cancellation of accreditation on conviction for offence 33 48. Accreditation may be cancelled or suspended in other circumstances 33 49. Notice of proposed cancellation, suspension or refusal to renew accreditation 34 50. Suspension of accreditation while decision is made 35 51. Effect of suspension 35 52. No application for re‑accreditation for 3 years following refusal to renew or cancellation 35 54. No refund of accreditation fee on cancellation or suspension 36 Division 1B — Notification requirements 55. Auditor must notify CEO in certain circumstances 36 56. Auditor must notify CEO if insurance not maintained 37 Division 2 — Functions of auditors 57. Mandatory auditor's reports to be provided to CEO 38 58. Functions of auditors 38 59. Title of auditor must be used only when carrying out functions of auditor 38 59A. Auditor must have insurance 39 59B. Supporting expert must have insurance 39 59C. Auditor must submit annual reports 39 60. Auditors to take guidelines into account 40 61. Code of conduct — Schedule 3 40 62. Conflict of interest 40 Part 10 — Miscellaneous 62A. Approved forms must be published on website 42 63. Transfer of responsibility for remediation to the State — section 30(1)(b) 42 64. Prescribed rates of interest — sections 54(3), 55(1) and (2) and 56(1) 42 65. Appeal to the committee referred to in section 79(1) 43 66. Publication of decision of appeal under the Act Part 8 — section 83(2) 43 Schedule 1 — Forms Schedule 2 — Fees Schedule 3 — Code of conduct for auditors 1. Conflict of interest 60 2. Auditor who has worked on a site is not to audit it 60 3. Acceptance of gifts or benefits 60 4. Personal and professional behaviour 61 Notes Compilation table 62 Defined terms Western Australia Contaminated Sites Act 2003 Contaminated Sites Regulations 2006