Document ID: chunk:federal_register_of_legislation:F2013C00288:reg:7:p1
Version: federal_register_of_legislation:F2013C00288
Segment Type: reg
Provision Reference: reg 7 (pt 1/3)
Character Range: 3164007–3167336

7         Acceptance processes and general conditions
This section provides general guidance on processes for the acceptance and ongoing review of applicants seeking certification of contaminated site assessment work.

7.1         General acceptance processes
Regulatory authorities may apply the following processes for the assessment, selection and review of auditors or third-party reviewers in accordance with legislative requirements and operational policies applying in each jurisdiction.

The regulatory authority may consider the establishment of a panel to assess applications. Typical panels would have not less than three professionals including a suitably qualified chairperson. Panels need to be able to adequately assess all of the competencies relevant to contaminated land assessment and management. The panel must consider the applicant's ability to meet all of the assessment criteria identified in Section 6, including the composition and relevance of their expert support team, their demonstrated ability to act independently on the basis of factual evidence, and their adherence to ethical and professional standards of conduct.

7.2         Ongoing practice
Once appointed or accepted for certification, regulatory authorities should ensure that professionals continue to update their training and experience in relation to the assessment of contamination, and comply with the relevant legislative requirements of the individual states and territories. This may be carried out through the implementation of a quality assurance program by the regulatory authority and review of a person's appointment, particularly at times of renewal. Applicants for renewal should also be able to demonstrate they are actively auditing.

The regulatory authority in individual states and territories may conduct independent audits and peer reviews of assessment work and adopt a system that involves the periodic review of the status of appointed professionals. Reviewers within the regulatory authorities should have appropriate qualifications and experience.

In the event of proven malpractice, such as a breach of legislative requirements by accepted persons, the regulatory authority may suspend or revoke the acceptance and may apply appropriate additional penalties in accordance with their legislative requirements.

National Environment Protection (Assessment of Site Contamination) Measure 1999

as amended
made under section 14(1) of the

National Environment Protection Council Act 1994 (Cwlth), the National Environment Protection Council (New South Wales) Act 1995 (NSW), the National Environment Protection Council (Victoria) Act 1995 (Vic), the National Environment Protection Council (Queensland) Act 1994 (Qld), the National Environment Protection Council (Western Australia) Act 1996 (WA), the National Environment Protection Council (South Australia) Act 1995 (SA), the National Environment Protection Council (Tasmania) Act 1995 (Tas), the National Environment Protection Council Act 1994 (ACT) and the National Environment Protection Council (Northern Territory) Act 1994 (NT)

Compilation start date:  16 May 2013

                      Includes amendments up to: National Environment Protection (Assessment of Site Contamination) Amendment Measure 2013 (No. 1)

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