Document ID: chunk:federal_register_of_legislation:F2013C00288:reg:4:p1
Version: federal_register_of_legislation:F2013C00288
Segment Type: reg
Provision Reference: reg 4 (pt 1/2)
Character Range: 3146635–3149780

4         Professional roles in the assessment of site contamination
Professionals involved in the assessment of site contamination need to demonstrate appropriate competence, knowledge and experience relative to their role and the complexity of site contamination.

4.1         Auditors and third-party reviewers
Auditors and third-party reviewers appointed under legislative requirements typically only act in the capacity of that role when they are carrying out an audit or a third-party review in accordance with those legislative requirements. In other situations, for example, when that person is involved in any other site assessment and/or remediation, that individual is acting as an environmental consultant.

The role of an auditor or third-party reviewer acting under statute is to carry out reviews of the assessment and/or remediation work carried out by environmental consultants and to provide independent expert opinion regarding any potential impacts to human health and/or the environment relating to site contamination, and the suitability of land for its intended use.

Auditors and third-party reviewers must be able to demonstrate that:

    * they have exercised their own professional judgment

    * they have taken appropriate specialised advice when the contamination issue is outside their expertise

    * their opinions have been reached independently

    * in forming those opinions, they have not been unduly influenced by the views or actions of others who may have an interest in the outcome of the review.

Legislative requirements may include provisions in relation to conflicts of interest and ethical codes of conduct and integrity. Individuals may be subject to penalties for any breaches of those requirements.

There is a clear distinction between the roles of an auditor or third-party reviewer acting under statute, and an environmental consultant. Jurisdictions typically have legislation regarding the provision of false and misleading information relating to statutory decisions.

Individuals applying to regulatory authorities for the purpose of appointment or acceptance of certification in these roles need to demonstrate significant knowledge and extensive experience in site contamination assessments. This should include the ability to meet all of the assessment criteria described in Section 6 of this Schedule.

The multidisciplinary nature of site contamination assessment requires that auditors and third-party reviewers are able to identify when there is an issue that is not within their own expertise and to obtain the additional professional advice required. In considering applications, it should be recognised by regulatory authorities that it is unlikely an individual could demonstrate all technical competencies relevant to site contamination.

4.2         Environmental consultants
An environmental consultant is usually a company that employs a range of professional and technical staff, or it can be an individual person. An environmental consultant can be engaged to carry out site contamination assessments for a variety of reasons. Engagement of a consultant is undertaken