Site Contamination Audit System
Amendments to the Environment Protection Act 1993 assented on
1 November 2007 provide for the establishment of a statutory site
contamination audit system and the ability of the EPA to accredit
auditors. It is anticipated that provisions relating to the accreditation
of auditors will come into in mid-2008, with the remaining provisions
coming into operation in 2009. This lead time is required to allow
the EPA to establish the regulations, guidelines, systems and
processes to support the legislation and establish the audit system.
Until the full provisions of the new legislation come into effect,
and following proposed amendment of the Development Act 1993,
it is expected that the current recommended planning process described
in Planning Advisory Notice 20 outlined below will be followed.
Click through to information on the planning
process for more information.
Use of Environmental Auditors (Contaminated Land)
In October 1995, the EPA endorsed the use of Environmental Auditors
(Contaminated Land), appointed by the Victorian EPA, as appropriate
persons to undertake audits in South Australia and provide the
expert opinion on the suitability of a site for a sensitive land
use.
A list of Environmental
Auditors (Contaminated Land), currently appointed by the Victorian
EPA, can be viewed from the Victorian
EPA web site.
When to use an Environmental Auditor
Environmental Auditors should be used to assess the suitability
of a site for a proposed sensitive use where site contamination
exists or a potentially contaminating activity has occurred. A
'sensitive land use', in relation to site contamination, means:
- use for residential purposes (including all forms of residential
use including medium and high-density developments, retirement
villages)
- preschools (including childcare centres)
- primary schools.
The EPA also recommends that an independent audit may be appropriate
where there are complex site contamination issues, including where
these may impact outside the boundaries of a site.
A report issued by a site contamination
consultant is not considered to be acceptable to determine
the suitability of land for a sensitive use where site contamination
is suspected or known to exist at a site. In these instances,
the EPA expects the use of an independent Environmental Auditor
(Contaminated Land), to independently review the work undertaken
by the site contamination consultant and provide an expert opinion
on the suitability of the site for its intended use.
The use of Auditors is supported in the Planning
Advisory Notice 20/02 - Site Contamination (December 2001).
The decision regarding the need to undertake an audit is the responsibility
of the relevant planning authority
and this decision should be made taking into account the Planning
Advisory Notice 20, Site Contamination.
When to engage an auditor
It is recommended that where an audit is to be carried out that
the auditor be engaged at the very beginning. The auditor should
be able to assist their client in liaising with a consultant to
ensure that the work of the consultant will meet audit requirements.
It is important to note however, that an auditor undertakes an
independent audit and must remain independent of the site contamination
consultant and contractor.
Role of an Environmental Auditor
There is a clear distinction between the roles of an Environmental
Auditor and site contamination consultant.
The integrity of the audit system depends on the independence
and integrity of the auditor.
The role of the Environmental Auditor includes to:
- review any assessment or remediation undertaken by environmental
consultants
- evaluate the adequacy of the available information about
the condition of the site
- if necessary, seek further information about the condition
of the site
- make an independent assessment and provide an opinion of the
condition of the site and its suitability for the proposed use.
Auditors undertaking audits in South Australia are expected to
comply with guidelines issued and approved by the Victorian
EPA as well as take into account relevant South Australian
legislation, policies and guidelines. The SA EPA is currently
developing legislation and guidelines that, while taking into
account national and other jurisdictional practice, are based
on consistency with Victorian practice, which is considered by
the EPA as national best practice in this regard.
Outcomes of an independent audit
The outcome of an independent audit is an Audit Report issued
and personally signed by the Auditor, a copy of which is provided
to the EPA, the relevant planning authority and the client. The
report provides the Auditor's expert opinion on the environmental
condition of the site, the suitability of a site for a proposed
use and any conditions that need to be implemented and maintained
to facilitate that use. The audit report documents an opinion,
on which others can rely, regarding the suitability of the site
for future use.
The Auditor's opinion is expected to be relied upon by planning
authorities in allowing such a use and fulfilling their own obligations
to ensure that the site is suitable for the intended use. Developers,
owners/occupiers and members of the public also rely upon the
auditor's opinion regarding the environmental condition of a site
and its suitability for use.
This page was last modified 15-01-2008
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