Western Australian Consolidated Regulations

CONTAMINATED SITES REGULATIONS 2006

TABLE OF PROVISIONS

   PART 1 -- Preliminary  

   1.      Citation  
   2.      Commencement  
   3.      Interpretation  
   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  
   15.     Committee meetings  
   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

   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.     CEO to call for applications  
   36.     Application for accreditation as a contaminated sites auditor  
   37.     No application fee for person entitled to accreditation under the Mutual Recognition (Western Australia) Act 2001  
   38.     Auditors to be individuals  
   39.     Accreditation  
   40.     Accreditation fee to be paid before a person can be accredited as an auditor  
   41.     Selection panel  
   42.     Conditions on accreditation  
   43.     Term of accreditation or renewal  
   44.     Application for renewal of accreditation  
   45.     Accreditation fee to be paid before accreditation can be renewed  
   46.     Refusal to renew accreditation in certain circumstances  
   47.     Cancellation of accreditation in certain circumstances  
   48.     Accreditation may be cancelled, suspended or not renewed 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.     Application for re‑accreditation not to be made until after 3 years from cancellation or refusal of renewal  
   53.     Identity card to be returned if person ceases to be accredited  
   54.     No refund of accreditation fee on cancellation or suspension  
   55.     Auditor to notify CEO in certain circumstances  
   56.     Auditor to notify CEO if professional indemnity 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 to be used only when carrying out functions of an auditor  
   60.     Auditors to take guidelines into account  
   61.     Code of conduct -- Schedule 3  
   62.     Conflict of interest

   PART 10 -- Miscellaneous  

   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 a decision of an appeal under the Act Part 8 -- section 83(2)  
   67.     Public notice of decisions of an appeal under PART 8
           SCHEDULE 1 -- Forms
           SCHEDULE 2 -- Fees
           SCHEDULE 3 -- Code of conduct for auditors  
           Compilation table