South Australian Current Regulations

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ENVIRONMENT PROTECTION REGULATIONS 2023 - REG 54

54—Conditions of accreditation

        (1)         The Authority may impose—

            (a)         a condition requiring the person to undertake ongoing professional development; and

            (b)         any other conditions the Authority thinks fit.

        (2)         Without limiting the effect of subregulation (1), the Authority must make it a condition of every accreditation that—

            (a)         the holder of the accreditation will, when acting as a site contamination auditor, act diligently, impartially and conscientiously; and

            (b)         the holder of the accreditation will maintain arrangements enabling the holder to have access, from time to time as necessary in the course of carrying out site contamination audits, to a team of persons, constituted in a manner approved by the Authority, to provide technical expertise in fields outside the holder's personal expertise; and

            (c)         the holder of the accreditation will not, when acting as a site contamination auditor, fail to comply with any guidelines issued from time to time by the Authority (insofar as they may be relevant in the circumstances of any particular case); and

            (d)         the holder of the accreditation will hold or be covered by a professional indemnity insurance policy approved by the Authority; and

            (e)         the holder of the accreditation will have an identity card issued by the Authority available for inspection at all times when present as a site contamination auditor at a site the subject of site contamination assessment or remediation; and

            (f)         if the holder of the accreditation is charged with or convicted of—

                  (i)         an offence against the Act, this Part or legislation similar to this Part in force in another State or a Territory of the Commonwealth; or

                  (ii)         an offence punishable by imprisonment,

the person will, within 14 days, give written notice of the charge or conviction to the Authority containing details of the offence; and

            (g)         if the holder of the accreditation

                  (i)         is dismissed from employment in response to allegations of misconduct; or

                  (ii)         resigns from employment following allegations of misconduct,

the person will, within 14 days, give written notice of that fact to the Authority.

        (3)         The Authority may, by written notice, vary or revoke a condition, or impose a condition, of a person's accreditation as a site contamination auditor.

        (4)         A condition may only be imposed or varied—

            (a)         on application by the site contamination auditor or with the auditor's agreement; or

            (b)         after giving the site contamination auditor reasonable notice of the proposed condition or variation and allowing the auditor at least 14 days within which to make submissions to the Authority in relation to the proposed condition or variation.



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